CBP has issued messages on a number of antidumping (AD) and countervailing (CV) duty actions, many of which (marked by an * in the action column) were previously published in the Federal Register by the International Trade Administration (ITA) and summarized in International Trade Today.
CBP CROSS Rulings
CBP issues binding advance rulings in connection with the importation of merchandise into the United States. They issue the rulings to give the trade community transparency of how CBP will treat a prospective import or carrier transaction. Common rulings include the tariff classification, country of origin, or free trade agreement applicability of merchandise, among other things. These rulings are available in CBP's Customs Rulings Online Search System (CROSS) database.
CIT rules CBP's decision not to delay ruling's effective date is appropriate. In Weslo, Inc. v. U.S., the Court of International Trade (CIT) found that U.S. Customs and Border Protection (CBP) acted appropriately in its refusal to delay the effective date of HQ 089891, which classified certain electronic speedometer/tachometers imported to be incorporated into stationary exercise equipment under HTS 9506.91.00 (4.64% duty rate). Prior to this ruling, the merchandise had been classified, variously, under TSUS 711.98 (duty free), under HTS 9506.91.00, and under HTS 9029.20.40 (duty free), the last of which CBP indicated was a misclassification.
U.S. Customs and Border Protection's (CBP's) Office of Information and Technology has posted a notice to its Web site containing (a) a list, updated as of March 23, 2005, of companies/persons offering Sea Automated Manifest System (AMS) data processing services to the trade community, and (b) the Sea AMS Respondent Checklist, as follows:
The U.S. Census Bureau (Census) has issued a proposed rule to amend the Foreign Trade Statistics Regulations (FTSR, 15 CFR Part 30)1 in order to require mandatory filing of export information through the Automated Export System (AES) or AESDirect for all shipments where a Shipper's Export Declaration (SED) is currently required, etc.
The U.S. Census Bureau (Census) has issued a proposed rule to amend the Foreign Trade Statistics Regulations (FTSR, 15 CFR Part 30)1 in order to require mandatory filing of export information through the Automated Export System (AES) or AESDirect for all shipments where a Shipper's Export Declaration (SED) is currently required, etc.
The Justice Department, on behalf of the U.S. Department of Agriculture (USDA), has filed a request with the U.S. Court of Appeals for the 9th Circuit asking that the court overturn the decision issued by the U.S. District Court in Montana that granted a preliminary injunction to delay the implementation of USDA's minimal-risk regions final rule, which would, among other things, re-establish trade with Canada for beef products and live cattle under 30 months of age. (See ITT's Online Archives or 03/04/05 news, 05030410, for BP summary of the Montana court's injunction.) (USDA Release No. 0096.05, dated 03/17/05, available at http://www.usda.gov/wps/portal/!ut/p/_s.7_0_A/7_0_1OB?contentidonly=true&contentid=2005/03/0096.xml)
In the March 23, 2005 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 39, No. 13), CBP issued notices: (a) proposing to revoke treatment accorded to flame cut nonalloy steel circles, and (b) revoking or modifying eight classification rulings as well as modifying the analysis in seven classification rulings regarding pumpkin carving sets. CBP states that it is also revoking, or proposing to revoke, any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
In Bauer Nike Hockey USA, Inc. v. U.S., the Court of Appeals for the Federal Circuit (CAFC) ruled that certain imported hockey pants are classified as ice-hockey equipment under HTS 9506.99.25 rather than as sports clothing under HTS 6211.33.00, reversing an earlier Court of International Trade (CIT) decision which had classified the items under the latter heading.
U.S. Customs and Border Protection (CBP) has issued a general notice which it states provides a modification to the National Customs Automation Program (NCAP) test concerning the transmission of automated truck manifest data.
In the March 16, 2005 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 39, No. 12), CBP issued notices: (a) proposing to modify three classification rulings on plastic water bottles, and (b) modifying a ruling regarding the entry of certain knives. CBP states that it is also revoking, or proposing to revoke, any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.