Importer BASF Corporation filed five complaints at the Court of International Trade on Oct. 28, challenging CBP's tariff classification of three of its vitamins and supplements. For two of the three substances, BASF is seeking classification under Harmonized Tariff Schedule heading 2936.
Importer TCW Trends resumed litigation in its case filed in 2012 at the Court of International Trade over the rate of duty paid on its men's knit tops and pants imports. Filing a complaint on Oct. 29, TCW said that its tops and pants were made in a Qualifying Industrial Zone in Alexandria, Egypt, making the goods eligible for preferential duty-free treatment under General Note 3(a)(v) of the Harmonized Tariff Schedule. The entries were liquidated under HTS subheading 6103.43.15 and 6105.20.20. Ultimately, CBP's finding that the merchandise didn't meet the duty-free eligibility requirements under the QIZ program was contrary to law, the complaint said (TCW Trends, Inc. v. United States, CIT #12-00166).
Importer and jewelry distributor Gunther Mele Limited fought for its preferred classification of its custom jewelry boxes, in an Oct. 28 complaint at the Court of International Trade. Arguing that CBP previously liquidated many of its jewelry boxes at its preferred rate, Gunther Mele also said that the clear make up of the boxes should qualify them for the importer's preferred tariff classification.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Importer Target General Merchandise filed a complaint at the Court of International Trade, arguing against CBP's analysis of the composition of its glitter/fabric ballet shoes. Target says the shoes should have been classified under a lower duty tariff provision for footwear with textile bottoms.
Importer Sakar International Inc. filed four complaints at the Court of International Trade on Oct. 28 to challenge the classification of its smartphone and tablet covers. Made predominantly of plastic or silicone, the covers were classified by CBP under Harmonized Tariff Schedule subheadings 4202.92.45, 4202.92.90 or 4202.99.90, dutiable at either 17.6% or 20%.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Importer DSM Nutritional Products, Inc. filed six complaints at the Court of International Trade on Oct. 27 seeking to secure its preferred Harmonized Tariff Schedule subheading for its beta-carotene with stabilizers and/or anti-caking agent imports. American International Chemical also filed an identical complaint in its case seeking the same outcome. All six cases are led by Robert Seely of Grunfeld Desiderio.
The following lawsuits were recently filed at the Court of International Trade:
CBP misclassified imports of certain inflatable swimming pool floats and lounges, importer Swimways Corporation said in an Oct. 22 complaint at the Court of International Trade. Arguing against CBP's classification, Swimways leaned on a case it won at CIT in 2018 favoring its preferred Harmonized Tariff Schedule subheading for the pool floats (Swimways Corporation v. United States, CIT #13-00397).