The Customs Rulings Online Search System (CROSS) was updated between June 17 and June 23 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):
In the June 25 Customs Bulletin (Vol. 59, No. 26), CBP published proposals to revoke ruling letters concerning the tariff classification of certain dimmers and certain styles of men's footwear.
The U.S. Court of Appeals for the Federal Circuit on June 30 issued its mandate in a customs case on the classification of 14 mixtures of frozen fruits and vegetables. In May, the appellate court upheld the Court of International Trade's classification of the mixtures under Harmonized Tariff Schedule subheading 0811.90.80, the residual category for "other" frozen fruit (see 2505090024). The court held that the fruit ingredients give the mixtures their "essential character," making heading 0811 the proper heading for the products (Nature's Touch Frozen Foods (West) v. United States, Fed. Cir. # 23-2093).
Importer Cyber Power System's accessory cables are general "power cables," not "telecommunications cables," the U.S. said in a cross-motion for judgment June 27 (Cyber Power Systems (USA) v. U.S., CIT # 21-00200).
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.
The U.S. District Court for the Northern District of California erred in finding that the Court of International Trade has exclusive jurisdiction to hear the State of California's lawsuit against the legality of the tariffs imposed under the International Emergency Economic Powers Act, California argued in its opening brief before the U.S. Court of Appeals for the 9th Circuit. Among other things, California argued that its suit "arises out of" IEEPA, the substantive law "giving rise to the claims," and not President Donald Trump's executive orders implementing the tariffs, as the district court held (State of California v. Donald J. Trump, 9th Cir. # 25-3493).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. filed its opening brief on June 27 in the appeal on the legality of the tariffs imposed under the International Emergency Economic Powers Act before the U.S. Court of Appeals for the D.C. Circuit, arguing that the district court got the jurisdiction and merits questions wrong. The government said the U.S. District Court for the District of Columbia took a "nonsensical" view of the Court of International Trade's jurisdiction and that, contrary to the court's ruling, IEEPA does confer tariff-setting authority (Learning Resources v. Donald J. Trump, D.C. Cir. # 25-5202).
Georgetown Law School Professor Jennifer Hillman, a former International Trade Commissioner and member of the World Trade Organization's appellate body, said she thinks there are grounds for a challenge to 25% tariffs on autos and auto parts, imposed on national security grounds under Section 232.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: