The Customs Rulings Online Search System (CROSS) was updated April 18 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:
Parties in a customs case on the classification of human interface controllers will tell the Court of International Trade by May 20 if they will proceed with the case under "summary judgment motions or request for a trial," Judge Timothy Stanceu said in an April 16 order, noting that a status conference won't be held April 19 as originally planned. Importer Robert Bosch brought suit in 2020 to contest CBP's classification of the controllers under Harmonized Tariff Schedule subheading 8473.70.9900, dutiable at 2.6% (see 2303090055) (Robert Bosch v. U.S., CIT # 20-00028).
The Court of International Trade on April 17 said that after the Commerce Department decided to continue an antidumping duty investigation on Mexican tomatoes initially paused in 1996, it must use the original investigation period, 1995-96, and not the later period of 2018-19. Judge Jennifer Choe-Groves ruled that the statute and congressional intent are clear that when Commerce resumes a suspended AD investigation, it must stick with the original investigation period.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade on April 17 sent back the Commerce Department's decision to use the 2018-19 investigation period for its antidumping investigation on fresh tomatoes from Mexico. The investigation was resumed after being suspended multiple times since 1995, wrote Judge Jennifer Choe-Groves, saying that the statute and congressional intent are clear that Commerce, when resuming a suspended investigation, must continue with the original investigation period. The judge made this decision after first finding that U.S. grower Red Sun Farms requested the continuation of the investigation when it made its request in 2019. Choe-Groves said that U.S. companies can make new requests for the continuation of suspended investigations after each suspension.
A Russian pipe exporter contested the International Trade Commission's redetermination upon remand that Russian pipe imports into the U.S. were injuring domestic industry (see 2402120048). It said the ITC didn’t make any changes to its analysis in the redetermination, contrary to an order by the Court of International Trade (PAO TMK v. U.S., CIT # 21-00532).
Chinese exporter Ninestar Corp. will submit a delisting petition with the Forced Labor Enforcement Task Force to get off the Uyghur Forced Labor Prevention Act Entity List, the company told the Court of International Trade in an April 12 status report (Ninestar Corp. v. United States, CIT # 23-00182).
The U.S. Court of Appeals for the 10th Circuit on April 12 ruled that Texas construction equipment distributor I Dig Texas didn't falsely represent its skid steer attachments as being made in the U.S. The court said the company's advertisements were ambiguous on whether the products' parts are all American-made or whether the goods themselves were assembled in the U.S. (I Dig Texas v. Kerry Creager, 10th Cir. # 23-5046).
In a third amended scheduling order, the Court of International Trade set a new Aug. 13 deadline for motions in a case that has been ongoing since 2022. The extension follows an amended complaint filed April 1 in which plaintiff Zoetis Services said that CBP had classified a “nearly identical” product to its own under a Harmonized Tariff Schedule heading it preferred (Zoetis Services LLC v. U.S., CIT #22-00056).