The trade court asked both parties in a case for supplemental briefing addressing whether note 3 of the Harmonized Tariff Schedule’s section XVI should be applied to a supermodule that goes into power plants. The U.S. claims that the product should be analyzed under note 2, which it said was mutually exclusive with note 3; the importer, HyAxiom, advocates for interpretation under note 3 (HyAxiom v. U.S., CIT # 21-00057).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
An exporter of vehicle side bars said April 8 that Section 301 tariff exclusions shouldn't necessarily be considered princpal use provisions, but should instead be analyzed as either principal use, eo nomine or actual use provisions on a case-by-case basis because no published guidance singles out a specific method (Keystone Automotive Operations v. U.S., CIT # 21-00215).
The Court of International Trade on April 10 rejected the preferred tariff classification of notebooks with calendars from both CBP and importer Blue Sky the Color of Imagination, slotting the products under Harmonized Tariff Schedule subheading 4820.10.20.10 as "diaries." Judge Jane Restani explained that the court should prefer readings of the HTS that establish "conformity" across both the English and French translations of the Harmonized System.
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 on April 10 said that neither the U.S. nor importer Blue Sky the Color of Imagination properly classified entries of four types of notebooks with calendars, ultimately finding that the products fit under Harmonized Tariff Schedule subheading 4820.10.20.10 as "diaries." Judge Jane Restani said that the Harmonized System should be interpreted to provide "conformity" between the French and English versions of the HS. As a result, the judge looked to the French and English definitions of the term "diary," which both describe as a notebook to write what one proposes or remembers what to do.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade on April 8 referred LE Commodities' challenge to 14 denied requests for exclusions from Section 232 steel and aluminum tariffs to mediation before Judge Leo Gordon. The order was penned by Judge M. Miller Baker, who gave the parties until July 8 to complete the mediation, unless Gordon "recommends an extension" (LE Commodities v. United States, CIT # 22-00245).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: