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:
The Customs Rulings Online Search System (CROSS) was updated Aug. 22 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):
Inconsistent documentation cost a manufacturer of plastic pallets, trays and lids duty-free treatment on returned items, CBP said in a June 13 HQ ruling addressed to the Automotive and Aerospace Center of Excellence and Expertise, directing it to deny a protest by ZF TRW Canada (ZF).
The Customs Rulings Online Search System (CROSS) was updated Aug. 17 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):
In the Aug. 17 Customs Bulletin (Vol. 56, No. 32), CBP published a proposal to revoke a ruling on musical candle holders.
CBP released its Aug. 17 Customs Bulletin (Vol. 56, No. 32), which includes the following ruling action:
Congress should provide clarity around imports of products that can be used both as drug paraphernalia and for legitimate purposes, Harris Bricken lawyer Fred Rocafort said in a blog post. The current approach under the Controlled Substances Act results in CBP relying on marketing materials and social media posts to determine whether or not a product will be used lawfully, Rocafort said. "There is something unsettling in CBP’s approach," he said. "On the one hand, the agency requires importers to demonstrate that their products are intended for lawful use, even when potential legal uses are obvious." For example, a 2008 ruling found that grinders were considered drug paraphernalia. "Those grinders that were the subject of the ruling letter could be used to grind tobacco or tea, as the importer contended, and this is something that CBP did not deny," he said. "Yet CBP will go out of its way to find evidence that supports a finding that an item is drug paraphernalia."
An importer of recyclable material with a negative valuation can use the transaction value of similar goods that had a positive valuation to appraise the merchandise, CBP said in a recent ruling. Though goods with a negative price can’t be appraised using transaction value, fluctuations in the prices of the underlying metals means some shipments of the recyclable materials will have positive prices that can be used to appraise the negatively priced entries, CBP said.
CBP released its Aug. 10 Customs Bulletin (Vol. 56, No. 31), which includes the following ruling actions: