Porsche Motorsports North America filed a motion for summary judgment in the Court of International Trade, hoping to sway the court that automobile repair tools and parts the company exported to Canada then brought back into the U.S. should return duty free. In the April 26 filing, Porsche argued for classification under Harmonized Tariff Schedule subheading 9801.00.85 -- the subheading granting duty-free access to goods returning to the states after having been exported for use temporarily abroad -- claiming the parts are “tools of the trade” of car racing.
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.
Welcome to the inaugural issue of Trade Law Daily, the newest information service from the editors of International Trade Today and Export Compliance Daily. This service informs trade lawyers and customs professionals about rulings, remedies and regulations that affect their clients and products. Trade Law Daily will provide focused coverage in the following areas:
Trade Law Daily is providing readers with some recent top stories. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:
The government’s response is due May 14 to Akin Gump’s motion April 23 on behalf of Section 301 sample case plaintiffs HMTX Industries and Jasco Products for a “protective preliminary injunction” freezing the liquidation of unliquidated customs entries from China with lists 3 and 4A tariff exposure unless DOJ agrees to a stipulation that refund relief would be available to the importers if they prevail in the litigation (see 2104230069). Akin Gump asked for the opportunity to file a reply brief “no longer than half the length” of DOJ’s May 14 response, and offered to voluntarily withdraw the motion if the government dropped its opposition and agreed to the refund stipulation.
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:
In the April 21 Customs Bulletin (Vol. 55, No. 15), CBP published notices that propose to revoke rulings onmineral stones and child car seat cushions.
Wood importer Richmond International Forest Products launched a challenge in the Court of International Trade claiming its imports of hardwood plywood from Cambodia were erroneously deemed to be of Chinese origin by CBP. In an April 21 complaint, RIFP said its imports were improperly hit with antidumping and countervailing duties, Section 301 tariffs, Merchandise Processing Fees and additional Harbor Maintenance Fee. In addition, RIFP claims that CBP's failure to consider what it sees as key evidence violated the Administrative Procedure Act and the importer's Fifth Amendment rights of due process.
The Commerce Department improperly treated CBP’s initial findings in an Enforce and Protect Act Investigation as fact when it relied on them to find a sawblade importer’s submissions unreliable and used adverse facts available (AFA) in a scope proceeding, the importer, Lyke Industrial, said in comments to the agency on a preliminary scope ruling.