Rulings, remedies and court proceedings for customs and trade professionals

Biography for Ben Perkins

Ben Perkins, Assistant Editor, is a reporter with International Trade Today and its sister publications, Trade Law Daily and Export Compliance Daily, where he covers sanctions, court rulings, and other international trade issues. He previously worked as a trade analyst for a Washington D.C. advisory firm. Ben holds a B.A. in English from the University of New Hampshire and an M.A. in International Relations from American University. Ben joined the staff of Warren Communications News in 2022.

Recent Articles by Ben Perkins

CBP Allows for Post-Import Price Adjustments Due to Shipment Delays, Reduced Sales

Some circumstances allow for post-importation price adjustments when determining transaction value, CBP headquarters said in a March 18 ruling, released May 23. The HQ ruling was sent to CBP's Automotive and Aerospace Center of Excellence and Expertise in response to a May 29, 2019, application for further review by an unnamed automotive importer. The importer buys motor vehicles and spare parts from its related parent company and resells them to authorized dealers and other related parties in the U.S.Read More >>

Sales From Canadian Warehouse to US Customers Are for Export, Despite US Sales Force, CIT Rules

The Court of International Trade ruled in a May 20 opinion that sales from a Canadian warehouse to U.S. customers are "sales for export to the U.S." rather than "domestic sales," in a May 20 slip opinion by Judge Jennifer Choe-Groves. The opinion granted a Nov. 19 motion for summary judgment by DOJ (see 2111220057) that argued plaintiff Midwest-CBK's sales were exports to the U.S. at the time of sale (Midwest-CBK, LLC v. United States, CIT Consol. #17-00154).Read More >>

CBP Grants Protest on House Wrap Classification

Imported house wrap, used during construction to protect the properties from water infiltration, should be properly classified as “Woven fabrics of synthetic filament yarn...” under the duty-free heading 5407 rather than as "Textile fabrics impregnated, coated, covered or laminated with plastics" under heading 5903, CBP said in a March 8 ruling.Read More >>

Contract Clause Between Middleman and Final Customer Can't Justify First Sale, CBP Says

A contract clause between the middleman and the final customer is not proof of a bona fide sale for the purposes of determining whether a transaction is eligible for first sale treatment, CBP said in a recent ruling. Merely citing the clause within a contract does not provide actual proof of the facts of that sale or whether risk of loss and title actually transfer to the middleman before it entered into the transaction with the importer, CBP said in the Feb. 18 ruling, released by the agency April 26. The ruling was a response to an application for further review by Woodcraft Supply LLC, which contests CBP's denial of its first sale valuation of imported merchandise.Read More >>

CIT Grants Bid to Reopen Expert Discovery Following Criminal Conviction of Expert Witness

Court of International Trade Judge Timothy Stanceu granted a motion from importer Nutricia North America that asked to reopen discovery to replace the company's expert witness in an ongoing case regarding classification of infant formulas (Nutricia North America v. United States, CIT #16-00008). Nutricia asked for the record to be reopened after it discovered that its witness, Dr. Joel Lavine, was convicted of sexually abusing an adult former patient. With the order from Judge Timothy Stanceu, Nutricia will replace Lavine with Dr. Jonah Essers.Read More >>