The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:
In the June 30 Customs Bulletin (Vol. 55, No. 25), CBP published a proposal to modify rulings on textile leg coverings.
Use Availability Is Enough for Duty-Free Classification for Tools Temporarily Exported, Porsche Says
Tools of the trade returned after temporary use abroad do not have to been actually used to be eligible for duty-free treatment under subheading 9801.00.85 Porsche Motorsports North America, said in a reply brief filed June 25. CBP has ruled in the past that it’s enough for goods to be made available for use to qualify for duty-free treatment, PMNA said in the brief, filed in support of its motion for judgment in a case at the Court of International Trade (Porsche Motorsports North America, Inc. v. U.S., CIT # 16-00182).
Many cases challenging findings of antidumping or countervailing duty evasion under the Enforce and Protect Act include claims that the process has violated an importer's constitutional rights, particularly under the Fifth Amendment. Case after case in the Court of International Trade argues elements of the EAPA process -- from the lack of notice provided to an importer that it's under investigation to the insufficient public summaries of proprietary information in the investigation -- violate importers' due process rights under the U.S. Constitution. However, the circumstances under which these claims may actually be heard by CIT may have yet to come, trade lawyers said.
The Court of International Trade ruled June 29 it doesn't have jurisdiction over one of 12 entries of plywood from China in a customs case because the plaintiff didn't protest that entry's reliquidation. The lawsuit will continue over the remaining 11 entries.
The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:
In the June 23 Customs Bulletin (Vol. 55, No. 24), CBP published a proposal to revoke and modify rulings on Wi-Fi motion sensors and hearing amplification devices.
CBP released its June 30 Customs Bulletin (Vol. 55, No. 25), which includes the following ruling actions:
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The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York: