The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
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.
The Court of International Trade on Jan. 16 vacated its judgment in a customs case brought by Jing Mei Automotive (USA) under the court's Rule 60(a), which allows the court to correct clerical mistakes or mistakes stemming from oversight or omission. The judgment denied Jing Mei's motion for summary judgment and addressed four different categories of the importer's car parts. The court's Jan. 16 order didn't identify the clerical error (Jing Mei Automotive (USA) v. United States, CIT # 13-00321).
Logistics provider Your Special Delivery Services Specialty Logistics (YSDS) doesn't meet the criteria to act as the importer of record on a shipment, CBP said in a recent ruling. While the company would have a lien on shipments that it could exercise in the event of nonpayment, that doesn't qualify as enough of a financial interest in the shipment to give it the right to make entry, the agency said.
CBP, on remand at the Court of International Trade, reversed its finding that importers Norca Industries Co. and International Piping & Procurment Group's imported carbon steel butt-weld pipe fittings evaded the antidumping duty order on the pipe fittings from China (Norca Industrial v. United States, CIT # 21-00192).
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 Jan. 23 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 issued a ruling that found a company acted as a buying agent on a transaction, despite being listed as a buyer on shipping documentation. The agency said it would grant a protest from Tianjin Leviathan Corporation, a wholly owned subsidiary of Leviathan Corporation, that found the buying commissions it earned should be deducted from the valuation of merchandise that was actually bought by its parent.
Past evidence of antidumping and countervailing duty evasion doesn't mean an exporter must still be transshipping goods, the U.S. said Jan. 22 in response to an AD/CVD petitioner’s motion for summary judgment in a case challenging the Commerce Department’s determination that wooden cabinet importers were not attempting to evade AD/CVD orders on products from China (American Kitchen Cabinet Alliance v. U.S., CIT # 23-00140).
The U.S. moved to dismiss a complaint from solar cell maker Auxin Solar and solar module designer Concept Clean Energy at the Court of International Trade challenging the Commerce Department's pause of antidumping and countervailing duties on solar cells and modules from Southeast Asian countries found to be circumventing the AD/CVD orders on these goods from China (Auxin Solar v. United States, CIT # 23-00274).
The Court of International Trade on Jan. 23 denied a U.S. request for a voluntary remand to reconsider due process issues in an Enforce and Protect Act case involving cast iron soil pipe imports by Phoenix Metal, in light of the U.S. Court of Appeals for the Federal Circuit's ruling in Royal Brush Manufacturing v. U.S.