Importer Under the Weather defended its motion for leave to amend its complaint in a customs case, arguing that the government's grounds for opposition to the motion, untimeliness and prejudice, don't defeat it. The importer said any delay the Court of International Trade might find due to the motion isn't "undue" and that the amendment doesn't prejudice the U.S., since the amendment would add a claim based on the "same transactions and events as the original complaint" (Under the Weather v. United States, CIT # 21-00211).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Food supplement exporter BASF filed March 17 in opposition to the U.S.’s cross-motion for judgment in its case. It disagreed with the government’s claim that its products didn’t fit the requirements of BASF’s preferred Harmonized Tariff Schedule heading (BASF Corporation v. United States, CIT Consol. # 12-00422).
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Trade and patent attorney James Jeffries has rejoined Kutak Rock as an attorney in the intellectual property and corporate practice group, the firm announced. Jeffries worked as chief legal officer at Kuat Innovations from 2021 to 2025 after initially working for Kutak Rock as an attorney and partner from 2018 to 2021. At Kutak, Jeffries will work on trademark and patent matters, along with customs and international trade issues, including tariff exposure mitigation and vendor relationship structuring.
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. defended the expert testimony of its expert witness, Dr. Radhakrishnaiah Parachuru, in importer Viecura's customs suit on the classification of its pants designed to assist with incontinence. Filing a brief in opposition to Viecura's challenge to Parachuru's testimony on March 14, the government said the doctor has "specific and relevant experience with incontinence pants design" and based his testimony on reliable methodologies (Viecura v. United States, CIT # 21-00154).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
A State Department notice declaring that all agency efforts to control international trade now constitute a "foreign affairs function" of the U.S. under the Administrative Procedure Act will ultimately be subject to the discretion of the courts, trade lawyers told us.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: