The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Importer HyAxiom prevailed in the Court of International Trade on Aug. 26 in its case regarding the classification of its PC50 supermodules. CIT Judge Timothy Stanceu held that the products are water gas generators, not electric generators or multifunctional machines.
A law professor from Georgetown University and a former Biden administration official have differing outlooks on the future of the lawsuits on tariffs imposed under the International Emergency Economic Powers Act filed in courts. Professor Marty Lederman said he would be "very surprised" if the Federal Circuit or Supreme Court ruled against the government on non-delegation or major questions doctrine grounds. Lawyer and former federal official Peter Harrell, however, said that the courts may welcome an opportunity to curb executive power.
Importer Cozy Comfort filed its opening brief at the U.S. Court of Appeals for the Federal Circuit on Aug. 25, arguing that the Court of International Trade was wrong to find that the company's product, The Comfy, is a pullover and not a blanket (Cozy Comfort v. United States, Fed. Cir. # 25-1889).
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 Aug. 19 and Aug. 21 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):
CBP improperly classified certain toy lips as candy under Harmonized Tariff Schedule Chapter 17 instead of "other toys" under Chapter 95, said importer Imaginings, doing business as Flix Candy, in a complaint last week at the Court of International Trade. Flix said that while the lips consist of two components, the plastic lips and a candy lollipop, the lips give the item its "essential character" and thus qualify the goods for Chapter 95 classification (Imaginings 3, d/b/a Flix Candy v. United States, CIT # 21-00403).
Two 3D-printing pen kit importers moved for judgment Aug. 25 saying their products are demonstrably toys, not hand tools, based on the Carborundum factors (Quantified Operations v. United States, CIT # 22-00178).
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.
China requested dispute consultations at the World Trade Organization regarding Canada's tariff rate quotas on certain steel goods from non-free trade agreement partners, including China, and Canada's surtax on certain steel and aluminum goods that contain China-origin steel or aluminum.