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 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 U.S. and importer Marubeni-Itochu Steel America jointly stipulated settlement terms for the importer’s classification case June 20. They agreed that the epoxy resin used as a coating for some of Marubeni-Itochu’s products, pilings for a wall system, should be included in the valuation of products classified under Harmonized Tariff Schedule heading 7301 rather than heading 7308 (Marubeni-Itochu Steel America Inc. v. United States, CIT # 23-00149).
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.
President Donald Trump's tariffs imposed under the International Emergency Economic Powers Act should be upheld as a valid exercise of Section 338, the Trump-aligned America First Policy Institute argued in a June 24 amicus brief af the U.S. Court of Appeals for the Federal Circuit. Claiming that an executive order can be upheld under a different statute than the statute originally claimed by the president, the institute said the IEEPA tariffs "fit Section 338 of the Tariff Act of 1930 like a glove" (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).
The World Trade Organization's Dispute Settlement Body on June 23 agreed to establish dispute panels in China's case against Canada's tariffs on Chinese electric vehicles and steel and aluminum products and Canada's dispute against Chinese import duties on Canadian agricultural and fisheries products, the WTO announced.
The U.S. Court of Appeals for the 9th Circuit last week ordered that two cases on tariffs imposed under the International Emergency Economic Powers Act shall be heard on an expedited basis (State of California v. Donald J. Trump, 9th Cir. # 25-3493) (Susan Webber v. U.S. Department of Homeland Security, 9th. Cir. # 25-2717).
Counsel for the importer plaintiffs in the International Emergency Economic Powers Act tariffs appeal at the U.S. Court of Appeals for the Federal Circuit has no plans to preemptively petition the Supreme Court to review the case in light of plaintiffs in a separate IEEPA tariffs suit doing so. Jeffrey Schwab, senior counsel at the Liberty Justice Center and counsel for the CAFC IEEPA plaintiffs, told us that he has "no plans to file a petition with the Supreme Court prior to a decision by the Federal Circuit," though he said "circumstances could change that."
The International Emergency Economic Powers Act lets the president suspend the de minimis threshold to respond to a national emergency notwithstanding Section 321's limits on eliminating or modifying the threshold, the U.S. argued. Urging the Court of International Trade to side with the government in importer Detroit Axle's suit against the elimination of the de minimis threshold on Chinese goods, the U.S. said the IEEPA's language lets the president void pre-existing privileges granted by other authorities, such as Section 321 (Axle of Dearborn, d/b/a Detroit Axle v. Dep't of Commerce, CIT # 25-00091).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: