CBP CROSS Rulings

On May 4, 2006, the Senate passed H.R. 4939, the Emergency Supplemental Appropriations bill by a vote of 77 to 21. (The House passed its own version of H.R. 4939 on March 16, 2006.) As the House and Senate have passed different versions of H.R. 4939, a House-Senate conference will be convened to resolve those differences. (BP will be checking for international trade provisions in both House and Senate versions.) (Congressional Record, dated 05/04/06, available at http://thomas.loc.gov/cgi-bin/query/B?r109:@FIELD(FLD003d)@FIELD(DDATE20060504).)

In Home Depot, U.S.A., Inc. v. U.S., the Court of International Trade (CIT) ruled on the classification of various decorative home lighting fixtures imported by Home Depot in 2001 and 2002. This case consolidates nine court numbers and the common issue is whether the lighting fixtures' metal or non-metal (e.g. glass) components impart the essential character.

In the April 26, 2006 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 40, No. 18), CBP issued a notice proposing to modify or revoke five classification rulings on certain base metal medallions and medals. CBP states that it is also proposing to revoke any treatment previously accorded by it on substantially identical transactions.

In the April 19, 2006 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 40, No. 17), CBP issued a notice revoking a classification ruling on antimony trisulphide. CBP states that it is also revoking any treatment it has previously accorded to substantially identical transactions.

According to a State Department notice and government sources, effective April 25, 2006, any shipment sent from abroad to any foreign diplomatic or consular mission [in the U.S.], or to its personnel [in the U.S.] must be cleared by U.S. Customs and Border Protection (CBP) solely through the State Department's diplomatic customs clearance procedure and form.

U.S. Customs and Border Protection (CBP) has issued a proposed rule that would amend 19 CFR Parts 24 and 111 by increasing the fees charged for certain customs inspectional services under section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (COBRA).

In the April 19, 2006 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin)) (Vol. 40, No. 17), CBP issued notices (a) proposing to revoke a classification ruling on 40" LCD monitors, and (b) modifying a classification ruling on a torque wrench, ratchet tool set, and screwdriver bit and socket set. CBP states that it is also proposing to revoke, or is revoking, any treatment it has previously accorded to substantially identical transactions.

U.S. Customs and Border Protection (CBP) has issued revised guidance on the classification of festive articles due to its recent decision to limit the court decisions in the case Park B. Smith, Ltd., vs. U.S.(Park) to the litigated entries only, i.e., the specific cotton woven table linen and cotton woven dhurry rug entries before the courts in that litigation.

In the April 12, 2006 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 40, No. 16), CBP issued a notice proposing to modify three classification rulings and revoke one classification ruling, on certain stainless steel measuring spoons. CBP states that it is also proposing to modify any treatment it has previously accorded to substantially identical transactions.

The National Highway Traffic Safety Administration (NHTSA) has issued a proposed rule which would revise certain fee amounts in 49 CFR Part 594 relating to the registered importer (RI) program and the importation of motor vehicles not certified as conforming to the Federal motor vehicle safety standards (FMVSS).