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.
Importer Under the Weather's response to the U.S. motion to dismiss its customs suit on backpacking tents "rests on legal misunderstandings and a pleading standard that was abrogated over a decade ago," the government said in a Nov. 16 reply brief at the Court of International Trade. The U.S. said the issue in the case is not whether it is "theoretically possible for a claim to exist" but whether Under the Weather plausibly alleged that a one-sentence approval from an import specialist was the "functional equivalent of a protest review" (Under the Weather v. United States, CIT # 21-00211).
The Customs Rulings Online Search System (CROSS) was updated Nov. 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):
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Importer Midwest Air Technologies' swaged line and corner posts should be classified as parts for structures under Harmonized Tariff Schedule heading 7308, and not under a heading 7306 as "other tubes," Midwest Air said in a Nov. 14 complaint at the Court of International Trade. The company said that a prior customs ruling covering "the same or substantially similar merchandise" shows that swaged line and corner posts fit under heading 7308 and not 7306, freeing the company of Section 232 steel and aluminum duty liability (Midwest Air Technologies v. United States, CIT # 23-00240).
The U.S. articulated a theory of fraud but did not "plead fraud with particularity" in its case against importer Katana Racing seeking over $5.7 million in unpaid safeguard duties on Chinese tires, Katana argued in a renewed motion to dismiss at the Court of International Trade. Again seeking to dispatch of the case following the U.S. Court of Appeals for the Federal Circuit's remand kicking the matter back to the trade court, the importer said the govenrment's case did not touch on the "who, what, when, where, and how of the alleged fraud" as required by the Supreme Court in making a pleading, particularly one for fraud (United States v. Katana Racing, CIT # 19-00125).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
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The Customs Rulings Online Search System (CROSS) was updated Nov. 9-13 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: