The Customs Rulings Online Search System (CROSS) was updated on March 7 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):
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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:
CIT Ruling Over Alleged Untimely Filed Protests Leads to 'Nonsensical' Practice, Importer Tells CAFC
The Court of International Trade erred when it found that importer Strategic Import Supply's protests were untimely filed, the tire importer said in its March 4 opening argument at the U.S. Court of Appeals for the Federal Circuit. In fact, SIS should not have had to file the protest in the first place, since the U.S. should have provided the necessary refunds for overpaid countervailing duties without any other filings from SIS, the company said. The result of the trade court's ruling is a practice both "nonsensical" and unsupported by the statute's language (Acquisition 362, LLC dba Strategic Import Supply v. United States, Fed. Cir. #22-1161).
The Customs Rulings Online Search System (CROSS) was updated on March 2 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 Court of International Trade shouldn't dismiss a lawsuit brought by MS Solar over the Commerce Department's liquidation instructions issued following an antidumping duty administrative review, MS Solar said in a March 2 brief. The court has repeatedly found it has jurisdiction for these claims under Section 1581(i), the court's "residual" jurisdiction, according to the brief, which also took issue with DOJ's claim that the action's true nature is to challenge the final ADD rate (MS Solar Investments v. U.S., CIT #21-00303).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
A recent Court of International Trade opinion left prior court precedent on the question of what constitutes a substantial transformation "dead, or on life support," an analysis from Neville Peterson said. The result is that importers who have been told by CBP that the country of origin of their goods is the country of origin of the goods' major inputs or essential components will likely seek reconsideration of those rulings, seeking refunds on Section 301 China tariffs in particular, the firm said.
Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
CBP ignored the Court of International Trade's ruling that it needs some finding of culpability before determining that importer Diamond Tools Technology evaded the antidumping and countervailing duty orders on diamond sawblades from China, DTT said in a Feb. 28 brief. Instead, CBP just ignored the court's definitions of the terms "false" and "omission" and illogically claimed that the customs penalty law's establishment of specific degrees of culpability negates the Enforce and Protect Act's culpability requirement, DTT argued (Diamond Tools Technology v. United States, CIT #20-00060).
A Feb. 24 Court of International Trade decision could result in "inching toward a saner and more legally sound approach to origin determinations" involving the substantial transformation test, customs lawyer Larry Friedman of Barnes Richardson said in a blog post Feb. 24. The language in the decision is "generally favorable for a simplified and more reasonable approach to origin," after years of focus on pre-determined end use of assembled components following the trade court's unappealed 2016 decision in Energizer.