The Court of International Trade on Oct. 25 reversed the dismissals of multiple tariff classification lawsuits over LED lamps after counsel for the plaintiffs argued that the events that resulted in the dismissals constituted "excusable neglect." Judge Leo Gordon ordered that the 10 dismissed cases be restored to the Customs Case Management Calendar (Target General Merchandise, Inc. v. United States, CIT #14-00283).
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 Oct. 25 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):
Haptic motors intended to be mounted to a vehicle seat for sending vibrating warning signals to the driver during certain safety conditions are classifiable as electric motors, rather than as signaling equipment for motor vehicles, CBP said in a ruling dated Oct. 18.
Importer Cyber Power Systems (USA) Inc.'s telecommunications cables qualify for Section 301 China tariff exclusions and the duties it paid on the cables should be refunded, the importer argued in an Oct. 22 complaint at the Court of International Trade challenging CBP's denial of its protest, which sought to apply a particular exclusion (Cyber Power Systems (USA) Inc. v. United States, CIT #21-00200).
The Court of International Trade on Oct. 22 backed the Commerce Department's decision to pick Malaysia as the primary surrogate country in an antidumping duty review, despite using a Romanian company's financial statements to determine the surrogate financial ratios is backed by substantial evidence. Sustaining Commerce's remand results in the AD review, Chief Judge Mark Barnett also upheld the agency's surrogate value selection for bituminous coal, an input of the subject merchandise of the review, activated carbon, and Commerce's financial ratio calculations.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following lawsuits were recently filed at the Court of International Trade:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Air fryers are not ovens, and should not be classified as such, air fryer importer Tristar Products argued in its Oct. 20 complaint at the Court of International Trade. Kicking off its classification battle at CIT, Tristar argued that the air fryers don't belong under the Harmonized Tariff Schedule subheading for ovens and should be spared the 25% Section 301 China tariffs levied on ovens (Tristar Products, Inc. v. United States, CIT #21-00563).