Canadian lumber exporter J.D. Irving urged the U.S. Court of Appeals for the Federal Circuit to reconsider its rejection of the company's attempt to challenge the denial of an antidumping duty cash deposit rate under Section 1581(i), the Court of International Trade's "residual" jurisdiction. Filing a petition for panel rehearing and rehearing en banc, J.D. Irving said the appellate court's decision is "grounded on a fundamental misunderstanding of the law and fact" related to its claim (J.D. Irving v. United States, Fed. Cir. # 23-1652).
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 following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
In response to a U.S. opposition to its motion for judgment that included an accusation that it had fabricated a lab test (see 2410300052) -- after it itself claimed CBP had put the wrong test on the record (see 2406240048) -- an importer said Nov. 23 that DOJ had illegally “cited to matters from outside the record” (Vanguard Trading Co. v. U.S., CIT # 23-00253).
The Court of International Trade ruled Nov. 26 that it has jurisdiction over all denied protests of CBP detention decisions -- even if the government claimed that the Drug Enforcement Administration, not CBP, chose to make the seizure. CBP has the final authority over all detentions, making all detentions protestable under U.S. law, CIT Judge Timothy Reif held in his opinion.
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 between Nov. 20 and Nov. 22 with the following headquarters ruling (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
CBP failed to consider material evidence when it found that importer Scioto Valley Woodworking didn't evade the antidumping and countervailing duty orders on wooden cabinets and vanities from China, the Court of International Trade said in a decision made public last week. Judge Lisa Wang said CBP didn't sufficiently consider evidence of the Haiyan Group's ownership of Scioto and its affiliated supplier, Alno, and it didn't adequately discuss the contents of an additional warehouse disclosed by Alno.
The Court of International Trade on Tuesday denied a U.S. motion to dismiss a case brought by importer UniChem, finding the court has jurisdiction over all litigation resulting from denied protests of detentions of imports upon entry. UniChem claimed that CBP seized its entry of weight loss supplements and wrongfully held it for over a year -- long past the maximum 30-day seizure authorized by statute. The U.S. unsuccessfully sought to dismiss the claim, arguing the trade court lacks jurisdiction because the Drug Enforcement Agency, not CBP, made the detention decision. CIT Judge Timothy Reif held that CBP makes all detention decisions under U.S. trade law (UniChem Enterprises v. U.S., CIT # 24-00033).
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: