CBP rejected children’s product manufacturer Summer Infant’s claims that its Learn-to-Sit booster seats should be classified as traditional booster seats. As a result, the Learn-to-Sit booster seats are subject to Section 301 duties, according to a recent ruling released by CBP June 14.
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.
The Customs Rulings Online Search System (CROSS) was updated June 17-27 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 Nutricia North America filed an amended opening brief in a customs case at the U.S. Court of Appeals for the Federal Circuit on its substances used to "treat life-treatening diseases in young children," after government attorneys asked for the revisions. The brief was amended in two spots (Nutricia North America v. United States, Fed. Cir. # 24-1436).
Importer Atlas Power opposed the government's motion to withdraw one of its admissions of fact in a customs case on the assessment of Section 301 tariffs on graphics processing units. The U.S. moved the Court of International Trade to withdraw its admission that the subject merchandise is made "of parts of or accessories to ADP machines classified under subheading 8473.30.1180 of the HTSUS." Atlas said that its goods entered under subheading 8473.30.1180 and CBP didn't "object to the classification during the administrative proceedings leading to this litigation" (Atlas Power v. United States, CIT # 23-00084).
The following lawsuit was recently filed at the Court of International Trade:
The following lawsuit was recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit in a June 26 text-only order granted the government's request for 30 more days to file its reply brief in a customs case from importer Blue Sky The Color of Imagination on the customs classification of calendar planners. The reply is now due Aug. 2 (Blue Sky The Color of Imagination v. U.S., Fed. Cir. # 24-1710).
The EU extended its steel safeguard measure until June 30, 2026, the European Commission's Directorate-General for Trade announced. The measure imposes tariff rate quotas "above which a 25% duty is levied on imports." The TRQs were imposed in response to the U.S. Section 232 measures.
An importer of tubing for perforating guns said June 21 that its refund request was wrongly denied after CBP initially accepted its 2020 request for exclusion from Section 232 tariffs. The denial occurred because CBP claimed that the products’ Harmonized Tariff Schedule classification was wrong, even though the agency had said otherwise on three separate occasions, including at liquidation, it said (G&H Diversified Manufacturing v. U.S., CIT # 22-00130).