The Supreme Court of the U.S. on June 28 overturned a hallmark of administrative law that had stood for four decades: the court's principle of deferring to federal agencies' interpretation of ambiguous statutes established in Chevron v. Natural Resources Defense Council.
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.
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An importer on June 20 accused CBP of placing “wholly unrelated” lab tests on the record to support an evasion decision and illegally refusing to consider the scope ruling that importer sought from the Commerce Department. As a result, it said, the CBP’s final determination was unlawful (Vanguard Trading Co. v. U.S., CIT # 23-00253).
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 June 5-14 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):
CBP said in a customs ruling earlier this month that luxury goods sold between a related European exporter and U.S. importer weren't subject to restrictions on their use that barred the use of the transaction method. In addition, CBP excluded service fees between the companies from the actual price of the goods since the fees didn't pertain to the goods' importation, and the agency found that the relationship between the parties didn't preclude the use of the transaction value method to appraise the value of the goods.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade in a confidential decision June 13 sustained CBP's negative evasion finding regarding Dominican company Kingtom Aluminio. Enforce and Protect Act petitioner Aluminum Extrusions Fair Trade Committee brought suit, arguing that CBP's Office of Regulations and Rulings wrongly overturned an evasion finding initially made by CBP's Trade Remedy and Law Enforcement Directorate (see 2309220032). The petitioner claimed that TRLED was right to use adverse inferences against Kingtom after the company interfered with CBP's ability to verify information submitted by the company. The court hasn't given any indication of when it will make the decision public (Aluminum Extrusions Fair Trade Committee v. U.S., CIT # 22-00236).
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: