Tariff classification rulings
A CBP protest was not needed to establish jurisdiction in two companies' challenge to CBP's assessment of Section 301 tariffs on goods subsequently granted a tariff exclusion since the challenge is not an entry-specific matter, the companies, ARP Materials and Harrison Steel, said in a Feb. 7 brief. Replying to the U.S.'s arguments at the U.S. Court of Appeals for the Federal Circuit, the plaintiff-appellants said that their challenge has jurisdiction under Section 1581(i), the trade court's "residual" jurisdiction provision, since the action relates to CBP's imposition of the requirements of an "inapt statute" to all the entries excluded from tariff lists 2 and 3 (ARP Materials Inc. v. United States, Fed. Cir. #21-2176).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP released its Feb. 9 Customs Bulletin (Vol. 56, No. 5), which includes the following ruling action:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
OtterBox filed a complaint with the Court of International Trade on Feb. 1, seeking to reclaim interest on tariffs it paid as part of prior disclosures on entries that have since been reclassified in its favor. Ottberbox argues that CBP has incorrectly withheld interest when returning overpayments after CIT ruled in OtterBox's favor in a tariff classification case on cellphone cases. The complaint accuses CBP of stalling in its obligation to “refund all duties overpaid, plus interest, as provided by law.”
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade should throw out Wheatland Tube's case intended to compel CBP to respond to the company's requests for information and a tariff classification ruling because Wheatland has received all the relief to which it is legally entitled, the Department of Justice said in a Feb. 2 motion to dismiss the case. CBP has already responded to this RFI and the petition for a tariff classification ruling over the company's electrical conduits from Mexico, DOJ said. CBP also told Wheatland it agrees with the company's stance on the correct classification of its steel conduit pipe and was defending this position in separate litigation (Wheatland Tube Co. v. United States, CIT #22-00004).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: