The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Tariff classification rulings
The Court of International Trade on April 11 dismissed without prejudice a suit from Environment One Corp. seeking to impose a Section 301 exclusion on 31 entries, for failing to state a claim on which relief can be granted. While Judge Mark Barnett ruled against the government's motion to dismiss the case pertaining to 23 of the entries for lack of jurisdiction, the judge ultimately granted the U.S. motion to dismiss the case since the plaintiff failed to include key information about the merchandise at issue in the case's amended complaint. Barnett gave Environment One 10 days to file a second amended complaint lest the case be dismissed with prejudice.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Customs Rulings Online Search System (CROSS) was updated April 10 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):
Net wraps used for bailing hay are properly classified as warp knit fabric under Harmonized Tariff Schedule subheading 6005.39.00, the DOJ argued in an April 10 opening brief filed at the U.S. Court of Appeals for the Federal Circuit. RKW Klerks appealed the Court of International Trade's Oct. 4 decision that held that the net wraps are warp knit fabric rather than RKW's preferred classification as "parts of agricultural machines" under HTS subheading 8433.90.50 (see 2210050032) (RKW Klerks v. U.S., Fed. Cir. # 23-1210).
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:
DOJ argued that its counterclaims against an importer in a tariff classification case on dried botanicals should be sustained by the Court of International Trade, despite similar counterclaims being rejected. In an April 6 brief, DOJ said that the importer, Second Nature Designs, claimed "only that the Government has failed to state a claim" and that "such a claim is barred by the statutory finality of liquidation" (see 2303030015) rather than making a jurisdictional argument (Second Nature Designs v. U.S., CIT # 18-00131).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Customs Rulings Online Search System (CROSS) was updated over the past week 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):