The Court of International Trade ruled Dec. 4 that a medical food company's imports would be classified as food, not as pharmaceutical products.
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 U.S. Court of Appeals for the Federal Circuit in a Dec. 6 opinion sustained CBP's classification of knit gloves with a partial plastic coating under Harmonized Tariff Schedule subheading 6116.10.55, dutiable at 13.2%. Judges Kimberly Moore, Jimmie Reyna and Richard Taranto sided with the government over importer Magid Glove & Safety Manufacturing Co., which championed subheading 3926.20.10, free of duty. Citing heading 6116's Explanatory Note, the court said this heading, which covers "[g]loves, mittens and mitts, knitted or crocheted," includes knitted gloves with non-knit components. The court rejected the importer's claims that Section XI Note 1(h) excluded the gloves from heading 6116 and that the Federal Circuit's ruling in Kalle USA v. U.S., a case concerning sausage casings, precluded classification under Section XI.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
An importer can use a discounted price for transaction value as long as the discount was agreed to prior to the goods' importation, CBP said in a ruling posted last month. Allowing the importer's protest after an application for further review, CBP found that the unnamed electronic components distributor provided enough evidence to show the discounted price it claimed was the correct price based on the documents provided.
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 Nov. 27-28 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):
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Electronics manufacturer Wobbleworks’ 3D-printing pen should be classified as a toy, making it duty free, rather than as machinery for working rubber or plastics, the importer said in a complaint filed Nov. 23 with the Court of International Trade (WobbleWorks (HK) vs. U.S., CIT # 22-00179).
Chinese exporter Ninestar Corp. is likely to show that the Court of International Trade has jurisdiction over the company's challenge to its placement on the Uyghur Forced Labor Prevention Act Entity List, the trade court ruled in a Nov. 30 opinion.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: