The government, namely CBP and the Office of the U.S. Trade Representative, should be stopped from denying the application of Section 301 China tariff exclusions to importer Mitsubishi Power Americas' selective catalytic reduction imports, Mitsubishi told the U.S. Court of Appeals for the Federal Circuit. Filing its opening brief on Sept. 12, Mitsubishi said CBP and USTR "misrepresented the original grant of the exclusions to Mitsubishi" when they approved the requests, leading the importer to rely on these "misrepresentations to its detriment" (Mitsubishi Power Americas v. United States, Fed. Cir. # 25-1828).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
In the Sept. 10 Customs Bulletin (Vol. 59, No. 37), CBP published proposals to modify and revoke ruling letters concerning the tariff classifications of certain decorative storage baskets and fresh and frozen pork jowls.
Saying that importer Lanxess’ chemicals were, on import, “intermediate components” rather than “supported catalysts,” the U.S. responded Sept. 12 to the importer’s motion for judgment with a cross motion (Lanxess Corporation v. United States, CIT # 23-00073).
The U.S. Court of Appeals for the 9th Circuit decided Sept. 12 to stay proceedings in California's case against the legality of tariffs imposed under the International Emergency Economic Powers Act, though it denied the government's stay request in a similar case brought by members of the Blackfeet Nation tribe. Oral argument in the tribal members' lawsuit remains scheduled for Sept. 17 before Judges William Fletcher, Ronald Gould and Ana de Alba (State of California v. Donald J. Trump, 9th Cir. # 25-3493) (Susan Webber v. U.S. Department of Homeland Security, 9th Cir. # 25-2717).
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 properly found that a product is "imported" for duty drawback purposes when it's admitted into a foreign-trade zone and not when entered for domestic consumption, the U.S. told the U.S. Court of Appeals for the Federal Circuit in a Sept. 11 reply brief. The government said CIT properly defined the term "importations" according to both common meaning and judicial precedent as "foreign merchandise coming into the United States" (King Maker Marketing v. United States, Fed. Cir. # 25-1819).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. renewed its motions to pause proceedings in two appeals on the legality of tariffs imposed under the International Emergency Economic Powers Act before the U.S. Court of Appeals for the 9th Circuit following the Supreme Court's decision to hear a pair of cases on the same issue. Plaintiffs in both appeals, the State of California and members of the Blackfeet Nation indigenous tribe, opposed the renewed motions (Donald J. Trump v. V.O.S. Selections, U.S. 25-250) (Learning Resources v. Donald J. Trump, U.S. 24-1287).
The U.S. opposed the intervention of members of the Blackfeet Nation indigenous tribe in the lead case on the legality of tariffs imposed under the International Emergency Economic Powers Act before the Supreme Court, arguing that the members don't identify anything "rare, unusual, or extraordinary that would warrant intervention here" (Learning Resources v. Donald J. Trump, U.S. 24-1287).