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. District Court for the Northern District of California pushed forward, in a text-ony order, its hearing on whether to transfer the state of California's case against all tariff action imposed under the International Emergency Economic Powers Act to the Court of International Trade. The hearing will now take place on May 27 at 1:30 p.m. EST (State of California v. Donald J. Trump, N.D. Cal. # 3:25-03372).
The Court of International Trade assigned the third major challenge to tariffs imposed under the International Emergency Economic Powers Act to the same three-judge panel consisting of Judges Jane Restani, Gary Katzmann and Timothy Reif. The case at issue, brought on behalf of 11 importers by libertarian advocacy group Pacific Legal Foundation, was brought to challenge President Donald Trump's reciprocal tariffs and tariffs imposed on China for the fentanyl emergency (see 2504250038). The suit will now be heard by the same three judges hearing lawsuits against the IEEPA tariffs brought by another libertarian group and 12 U.S. states (Princess Awesome v U.S. CBP, CIT # 25-00078).
California became the next International Emergency Economic Powers Act plaintiff to prepare to move for a preliminary injunction against President Donald Trump’s reciprocal tariffs. It said May 13 it is providing notice it will be filing for an injunction on June 26 (State of California v. Donald J. Trump, N.D. Cal. # 3:25-03372).
A product is "imported" for duty drawback purposes when it's admitted into a foreign-trade zone and not when entered for domestic consumption, the Court of International Trade held on May 15. Judge Timothy Reif said the definition of "importation" found in both the dictionary and Supreme Court precedent distinguishes importation from entry.
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 April 29 - May 7 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):
Importer Spector & Co. asked the Court of International Trade for relief from an order dismissing the case for lack of prosecution. The trade court dismissed the case, which is challenging CBP's classification of Spector's notebooks under Harmonized Tariff Schedule subheading 4820.10.20.60, since the suit was added to the customs case management calendar and not removed before the expiration of the "applicable period of time of removal" (see 2505050001) (Spector & Co. v. U.S., CIT # 23-00087).
The U.S. on May 12 opposed four members of the Blackfeet Nation tribe's bid for an injunction against tariffs imposed on Canada under the International Emergency Economic Powers Act, pending the U.S. Court of Appeals for the 9th Circuit's resolution of the tribal members' appeal of a Montana district court's order transferring the case to the Court of International Trade (Susan Webber v. U.S. Dep't of Homeland Sec., 9th Cir. # 25-2717).
Twelve U.S. states, led by Oregon, filed a supplemental brief in their lawsuit against all tariff action taken under the International Emergency Economic Powers Act. In it, the states said the Court of International Trade should enjoin enforcement of the IEEPA tariffs, set aside the agency decisions implementing the tariffs and declare the IEEPA tariffs "unlawful" (The State of Oregon v. Donald J. Trump, CIT # 25-00077).