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 July 2 said in a text-only order it will hold oral argument on importer Detroit Axle's challenge of President Donald Trump's decision to eliminate the de minimis threshold for Chinese products via the International Emergency Economic Powers Act. While CIT Judges Gary Katzmann, Timothy Reif and Jane Restani stayed consideration of the importer's claims against the tariffs on China issued under IEEPA, the judges set a July 10 oral argument date for consideration of the company's motion for a preliminary injunction against the end of the de minimis threshold (Axle of Dearborn, d/b/a Detroit Axle v. Dep't of Commerce, CIT # 25-00091).
The U.S. Court of Appeals for the D.C. Circuit on July 1 scheduled oral argument for the lawsuit challenging the legality of the tariffs imposed under the International Emergency Economic Powers Act for Sept. 30, nearly two months after the U.S. Court of Appeals for the Federal Circuit will hear oral argument in a parallel IEEPA tariff suit. The court said the composition of the panel hearing the argument is usually revealed 30 days before the oral argument date (Learning Resources v. Donald J. Trump, D.C. Cir. # 25-5202).
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 on June 26 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):
In the June 25 Customs Bulletin (Vol. 59, No. 26), CBP published a proposal to revoke two ruling letters concerning the tariff classification of hemin.
The U.S. sought reconsideration of the Court of International Trade’s May 2 ruling that importer BASF Corp.’s fish oil ethyl ester concentrates are “extracts of fish” under Harmonized Tariff Schedule heading 1603, not “food preparations” under heading 2106. 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) (see 2506040076).
Importer BASF Corp. pushed back July 2 against a U.S. attempt to seek reconsideration of Court of International Trade Judge Gary Katzmann’s decision that BASF’s fish oil should be classified as fish extracts, not as food preparations (see 2506040076 and 2505020018) (BASF Corp. v. United States, CIT Consol. # 13-00318).
The America First Legal Foundation, an advocacy group aligned with President Donald Trump, argued that the U.S. District Court for the District of Columbia got the question of the Court of International Trade's jurisdiction wrong in a case on the legality of tariffs imposed under the International Emergency Economic Powers Act. Filing an amicus brief at the U.S. Court of Appeals for the D.C. Circuit, the foundation provided an alternative basis for the appellate court to find that the case belongs at CIT: IEEPA provides for embargoes for reasons other than the "protection of the public health or safety" (Learning Resources v. Donald J. Trump, D.C. Cir. # 25-5202).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: