The Court of International Trade has jurisdiction to hear a case over CBP's failure to issue full Section 301 refunds, importer FD Sales Company argued in an Oct. 8 reply brief. Although CBP "approved" the importer's protest covering 60 entries seeking the refunds, FD Sales argued that the protest was effectively denied when CBP failed to fully grant the refunds, thus giving CIT jurisdiction under Section 1581(a) (FD Sales Company, LLC v. United States, CIT #21-00224).
The Customs Rulings Online Search System (CROSS) was updated Oct. 7 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):
Heavy truck parts destined for a U.S. assembly plant cannot qualify for USMCA benefits under tariff shift rules, CBP told Mitsubishi Electric's Automotive division. Under USMCA, the original equipment starter must have 60% North American content under a net cost method, or 70% under a transaction value method; that percentage will go up in July 2024 to 64% or 74%, respectively, and 70% or 80% in 2027.
The World Trade Organization released a new online tool for tracking changes to the Harmonized Commodity Description and Coding System (HS) -- the system used to classify traded goods, the WTO said. The HS Tracker was developed with the World Customs Organization and is meant to aid customs officials and traders in preparing for HS amendments set to take effect Jan. 1, 2022.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Gluten-free pastas made from soybean flour are classifiable in the tariff schedule as pasta of heading 1902, rather than as soybean preparations of heading 2008, said CBP in a recent ruling. Instructing the port to grant the importer’s protest, CBP headquarters ruled that pasta describes food that has undergone a particular manufacturing process, and is not limited to a specific kind of flour.
The following lawsuits were recently filed at the Court of International Trade:
In a complaint at the Court of International Trade, importer Kehoe Component Sales said its heating blanket controllers should be classified under subheading 9032.89.60, dutiable at 1.7%. CBP liquidated the entries under subheading 8537.10.9070, dutiable at 2.7%.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: