The Customs Rulings Online Search System (CROSS) was updated between Sept. 10 and Sept. 20 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
Importer Nutricia North America told the U.S. Court of Appeals for the Federal Circuit on Sept. 18 that the government's claims in a customs suit on the company's medical foods present "several fundamental flaws." Nutricia argued that, despite the government's claim that the products are barred from Harmonized Tariff Schedule heading 3004 due to Note 1(a) to chapter 30, the medical foods "easily fall within the terms of heading 3004 as 'medicaments ... for therapeutic uses'" (Nutricia North America v. United States, Fed. Cir. # 24-1436).
An importer of weekly/monthly planners told the U.S. Court of Appeals for the Federal Circuit on Sept. 18 that it and the government were in agreement that the Court of International Trade had committed a reversible error by classifying its planners as diaries (Blue Sky The Color of Imagination v. U.S., Fed. Cir. # 24-1710).
The U.S. “respectfully disagree[d]” with recent Court of International Trade cases that have held that the government cannot hear counterclaims seeking to reclassify products under a new heading. These holdings, it said Sept. 13, go against 28 U.S.C. Section 1583, “its legislative history, and decades of consistent practice immediately following its enactment” (BASF Corp. v. U.S., CIT Consol. # 13-00318).