The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The government withdrew its emergency stay motion at the U.S. Court of Appeals for the D.C. Circuit on June 3 after the U.S. District Court for the District of Columbia stayed its decision finding that the International Emergency Economic Powers Act doesn't provide for tariffs pending the government's appeal of the decision (see 2506030048). The U.S. said Judge Rudolph Contreras' decision staying his judgment "renders moot the government's motion in this Court for a stay pending appeal. The government is also seeking an emergency stay of the Court of International Trade's decision vacating the executive orders implementing tariffs under IEEPA before the U.S. Court of Appeals for the Federal Circuit, though CAFC has issued an administrative stay while it mulls the emergency stay bid (Learning Resources v. Donald J. Trump, D.C. Cir. # 25-5202).
Importer Hellbender filed a complaint at the Court of International Trade on June 6 arguing that its electronic components are of Taiwanese origin, not Chinese origin, and are thus exempt from Section 301 duties (Hellbender v. United States, CIT # 24-00104).
The U.S. Court of Appeals for the Federal Circuit on June 10 stayed the Court of International Trade's permanent injunction on all of President Donald Trump's executive orders implementing tariffs under the International Emergency Economic Powers Act pending the appeal of the case. In a per curium order, all CAFC judges in regular active service said "a stay is warranted under the circumstances." In addition, the court said all active judges will hear the case, as opposed to the court's traditional three-judge panel approach, in light of the "issues of exceptional importance" presented by the matter.
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 between June 2 and June 4 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):
Fish oil importer BASF Corp. sought reconsideration of the Court of International Trade’s May 2 ruling that its fish oil ethyl ester concentrates are “extracts of fish” under Harmonized Tariff Schedule heading 1603, not “food preparations” under heading 2106 (see 2505020018). It said the court “overlooked” Explanatory Note 16.03 for heading 1603 to create an impracticably broad definition of "fish extracts" (BASF Corp. v. United States, CIT Consol. # 13-00318).
The Court of International Trade denied the U.S. motion to stay proceedings in a case challenging the elimination of the de minimis threshold for Chinese products. Detroit Axle, the importer challenging the government, then filed an emergency motion requesting the dates ordered by CIT be moved earlier to "preserve Detroit Axle’s ability to obtain meaningful relief" (Axle of Dearborn, d/b/a Detroit Axle v. Dep't of Commerce, CIT # 25-00091).
The importers challenging the tariffs imposed by President Donald Trump under the International Emergency Economic Powers Act requested that the U.S. Court of Appeals for the Federal Circuit reject the government's bid for an emergency stay, telling the appellate court that the importers will be irreparably harmed by the stay while the president "is not harmed by the denial of authority he does not legally possess" (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: