Hoverboards are light electric vehicles, not wheeled toys, the U.S. said in a cross-motion for summary judgment Sep. 4 (3BTech v. U.S., CIT # 21-00026).
The Court of International Trade on Sept. 9 struck a brief from U.S. Steel after the company attempted to submit supplemental arguments in a case on Section 232 steel and aluminum tariff exclusion requests. Judge M. Miller Baker said that because he rejected the company's bid to join the action, it's not a party to the case and can't file briefs (California Steel Industries v. United States, CIT # 21-00015).
Importer Performance Additives filed its opening brief on Sept. 9 at the U.S. Court of Appeals for the Federal Circuit, claiming that the Court of International Trade erred in finding that various of the company's duty drawback claims weren't "deemed liquidated." The company argued that the trade court imposed conditions on the deemed liquidation rule of 19 U.S.C. Section 1504(a)(2)(A) that don't exist in the statute and imposed the rules of Section 1504(a)(2)(B) despite this law not applying to the company's entries at issue (Performance Additives v. United States, Fed. Cir. # 24-2059).
The following lawsuit was recently filed at the Court of International Trade:
In defense of its motion for summary judgment and opposition to the government’s, an airplane parts importer said Aug. 30 that Harmonized Tariff Schedule heading 8803, which covers “parts of goods” for aircraft or nonpowered aircraft, is more specific than heading 6307, which represents “other made up articles, including dress patterns” in a fabric section (Honeywell International Inc. v. U.S., CIT # 17-00256).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Judges at the U.S. Court of Appeals for the Federal Circuit on Sept. 4 heard oral argument in a tariff classification case on electrical conduit imported by Shamrock Building Materials. Judges Richard Taranto, Todd Hughes and Tiffany Cunningham asked whether the conduit had an insulating function and whether there is a de minimis amount of insulating material a conduit needs to include to qualify for classification under Harmonized Tariff Schedule heading 8547 (Shamrock Building Materials v. United States, Fed. Cir. # 23-1648).
The Court of International Trade on Sept. 5 said a CBP headquarters ruling on see-through pop-up tent "pods" that differed in outcome from a previously decided protest didn't require public notice-and-comment because the protest wasn't a "prior interpretive ruling or decision." Judge Timothy Reif dismissed one of importer Under the Weather's counts in its customs classification case on the pods, finding that the prior protest approval wasn't the result of "considered deliberations," didn't have "prospective effect" and wasn't "interpretive."
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Digital security cameras mounted as doorbells fall under the Harmonized Tariff Schedule heading governing TV cameras and video camera recorders, according to three separate CBP rulings issued June 21 and publicly released last week.