The U.S. Court of Appeals for the Federal Circuit on May 9 upheld the Court of International Trade's classification of 14 types of frozen fruit mixtures under Harmonized Tariff Schedule subheading 0811.90.80, which covers "other" frozen fruit. Judges Todd Hughes, Leonard Stark and Robert Schroeder, sitting by designation from a Texas court, held that nine types of mixtures that contain fruits and vegetables properly fit under heading 0811 pursuant to GRI 3(b), which considers which component of a mixture gives it its "essential character," since the mixtures' fruit gave the product its essential character. The appeals court said subheading 0811.90.80 was proper to cover all 14 mixture types, though it disagreed with the trade court that "other" means "none of the above," writing instead that it means "none of the preceding categories."
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 Apr. 9-25 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 Court of International Trade on May 6 denied a motion to compel discovery of unredacted versions of CBP officials' internal emails from importer Quantified Operations and manufacturer WobbleWorks (HK) in a customs case on the classification of the companies' 3D pens. Judge Richard Eaton said the redacted information isn't relevant to the classification claims and is "protected by the deliberative process privilege" (Quantified Operations v. United States, CIT # 22-00178).
No national emergency or "unusual and extraordinary threat" exists to justify invoking the International Emergency Economic Powers Act to impose tariffs on all U.S. trading partners, the Liberty Justice Center argued. Filing its reply brief in support of its bid for both a preliminary injunction and summary judgment at the Court of International Trade, the conservative legal advocacy group argued that the trade court can review President Donald Trump's declaration of a national emergency (V.O.S. Selections v. Donald J. Trump, CIT # 25-00066).
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 filed recently at the Court of International Trade:
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.
A group of five small importers filed their opposition to the U.S. government's motion to transfer their case challenging President Donald Trump's tariffs imposed on China under the International Emergency Economic Powers Act to the Court of International Trade. The importers, led by Simplified, argued that CIT doesn't have exclusive jurisdiction to hear the case because IEEPA doesn't provide for tariffs (Emily Ley Paper v. Donald J. Trump, N.D. Fla. # 3:25-00464).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: