The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade greenlighted a test case for GoPro to adjudicate multiple claims challenging a CBP classification decision in an April 22 order. Judge Timothy Reif suspended three other cases brought by GoPro challenging CBP's classification of imported camera housings, subject to classification as “cases” under Harmonized Tariff Schedule heading 4202. The popular camera manufacturer argues the camera housings should instead be classified as “camera parts” under HTS heading 8525.
The Department of Justice intends to file a counterclaim seeking unpaid duties against an importer challenging the classification of its dried or bleached plant parts, according to a joint status report filed in the case April 21. Though Second Nature originally filed the 19 USC 1581(a) denied protest challenge, DOJ “is now in the process of seeking internal U.S. Government approval to assert counterclaims for underpaid duties on products imported under cover of the subject entries that were previously inaccurately or incompletely described by Plaintiff,” the status report said. Second Nature says it “will not consent to allow [DOJ] to amend its Answer to raise a counterclaim after years of litigation, noting under USCIT Rule 15 leave of Court would be required to allow such an amendment.” Second Nature is challenging classification of the dried or bleached plant parts that are painted, dyed or glittered as not dried or bleached at a 7% duty. If classified as dried or bleached, they would be duty free.
The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:
The origin of electric vehicle motors and the applicability of Section 301 tariffs depends on where the two most important components of the engine are made, said CBP in a recently released ruling. In response to a country of origin ruling request from LG Electronics, CBP considered multiple manufacturing scenarios for the motors.
Judge Gary Katzmann denied a motion from solar panel industry groups to expedite discovery of what they believe to be a key petition in a case over the redaction of a tariff exemption for bifacial solar panels in an April 21 order. The plaintiffs asked to get the government defense to produce a “petition from a majority of the representatives of the domestic industry” upon which President Donald Trump supposedly based his decision to withdraw the tariff exemption. In denying the motion, Katzmann also stipulated that the plaintiffs have until May 5 to file their response to the Department of Justice's motion to dismiss the case.
The following are short summaries of CBP rulings recently added to the agency's CROSS database (any rulings that warrant a more detailed summary will be in another Trade Law Daily article):
CBP has released its April 21 Customs Bulletin (Vol. 55, No. 15), which includes the following ruling actions:
The Customs Rulings Online Search System (CROSS) was updated April 19 with the following headquarters rulings: