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 17 and June 23 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):
The U.S. Court of Appeals for the Federal Circuit on June 30 issued its mandate in an appeal related to the 2019-20 review of the antidumping duty order on activated carbon from China. The court issued its decision in the case concurrently with a decision on the 2018-19 review of the same order, though appellants in the 2018-19 review case recently filed a motion for reconsideration regarding alleged legal errors committed by the court during its review (see 2506250040). No such motion for reconsideration was filed in the appeal on the 2019-20 review, which concerned respondent Carbon Activated Tianjin's challenge to the Commerce Department's use of Malaysian import data under Harmonized Tariff Schedule subheading 4402.90.1000, which covers coconut-shell charcoal, as the surrogate value for coal-based carbonized material, an input of activated carbon, among other issues (see 2505090048) (Carbon Activated Tianjin Co. v. United States, Fed. Cir. # 23-2413).
The U.S. Court of Appeals for the Federal Circuit on June 30 issued its mandate in a customs case on the classification of 14 mixtures of frozen fruits and vegetables. In May, the appellate court upheld the Court of International Trade's classification of the mixtures under Harmonized Tariff Schedule subheading 0811.90.80, the residual category for "other" frozen fruit (see 2505090024). The court held that the fruit ingredients give the mixtures their "essential character," making heading 0811 the proper heading for the products (Nature's Touch Frozen Foods (West) v. United States, Fed. Cir. # 23-2093).
Importer Cyber Power System's accessory cables are general "power cables," not "telecommunications cables," the U.S. said in a cross-motion for judgment June 27 (Cyber Power Systems (USA) v. U.S., CIT # 21-00200).
The U.S. District Court for the Northern District of California erred in finding that the Court of International Trade has exclusive jurisdiction to hear the State of California's lawsuit against the legality of the tariffs imposed under the International Emergency Economic Powers Act, California argued in its opening brief before the U.S. Court of Appeals for the 9th Circuit. Among other things, California argued that its suit "arises out of" IEEPA, the substantive law "giving rise to the claims," and not President Donald Trump's executive orders implementing the tariffs, as the district court held (State of California v. Donald J. Trump, 9th Cir. # 25-3493).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
A knit underwear importer’s products weren’t correctly classified under the secondary Harmonized Tariff Schedule heading 9817 for clothing “specially designed” for “physically or mentally handicapped persons,” the U.S. said June 27, which would have exempted them from a 15% antidumping duty on their products (Viecura v. United States, CIT Consol. # 21-00154).
The U.S. filed its opening brief on June 27 in the appeal on the legality of the tariffs imposed under the International Emergency Economic Powers Act before the U.S. Court of Appeals for the D.C. Circuit, arguing that the district court got the jurisdiction and merits questions wrong. The government said the U.S. District Court for the District of Columbia took a "nonsensical" view of the Court of International Trade's jurisdiction and that, contrary to the court's ruling, IEEPA does confer tariff-setting authority (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: