Following the Office of the U.S. Trade Representative's remand results at the Court of International Trade further justifying its lists 3 and 4A tariff action, it can be expected for the thousands of plaintiffs to argue that the explanation falls short in addressing the trade court's concerns, three Wiley Rein attorneys said in an Aug. 2 alert on the remand results. The plaintiffs will further argue that "the court should order the tariffs to be lifted," the law firm said.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Bergan Pets and the federal government reached an agreement surrounding the correct classification of imported pet carriers, according to a stipulated judgment agreement, signed by Judge Gary Katzmann on July 25 (Bergan Pets v. U.S., CIT #15-00134). Bergan imported the items in October 2012 through Kansas City. CBP liquidated the merchandise in 2013 under the subheading 4202.92.90, as "travel, sports or similar bags," and assessed 17.6% duties. Bergan filed three protests in 2014, all of which were denied, before filing suit at CIT. Both sides have agreed that the correct classification should be under subheading 6307.90.98 as "Other made up articles, including dress patterns: Other: Other," dutiable at 7%.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
In the Aug. 3 Customs Bulletin (Vol. 56, No. 30), CBP published a proposal to revoke a ruling on insulated lunch bags.
Importer Compart Systems dismissed its customs dispute in an Aug. 4 motion at the Court of International Trade. The company filed the case to contest the proper Harmonized Tariff Schedule classification of its parts and accessories for the manufacture of semiconductors. The parts liquidated under subheading 8481.10.0090, dutiable at 2%, but the company vied for classification under subheading 8486.90.0000, free of duty. Compart Systems' notice of dismissal did not provide a reason for the case being tossed, and counsel for the importer did not reply to request for comment (Compart Systems v. U.S., CIT #21-00558).
The Court of International Trade should overturn a decision by CBP to classify imported desk pad and planning calendars, importer Blue Sky said in a complaint filed Aug. 4 at the Court of International Trade (Blue Sky The Color of Imagination, LLC v. U.S., CIT #21-00624).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP and importer Ohka America reached a settlement over the proper tariff classification of photoresists in three different cases at the Court of International Trade. According to the three separate stipulated judgments on agreed statement of facts, the parties reached an agreement on the proper Harmonized Tariff Schedule subheading for the entries, dropping the duty rate from 6.5% to 3%. CBP originally liquidated the photoresists under HTS subheading 3707.90.32, which provides for "Chemical preparations for photographic uses (other than varnishes, glues, adhesives and similar preparations...: Other:Chemical preparations for photographic uses: Other." The parties agreed, though, to liquidate the entries under subheading 3707.10.00, whch provides for “Chemical preparations for photographic uses (other than varnishes, glues, adhesives and similar preparations). Sensitizing emulsions." The cases were filed in 2005, 2006 and 2008 (Ohka America v. United States, CIT #05-00118, #06-00415, #08-00029).
CBP and Lerner New York reached a settlement over the proper classification of two types of ladies' knitted tops. Filing a stipulated judgment on an agreed statement of facts at the Court of International Trade Aug. 1, the parties settled on a Harmonized Tariff Schedule subheading for the tops, dropping the duty rate from 17% to 10.9%. The dispute concerned ladies' knitted tops of over 90% cotton and less than 10% spandex with a built-in shelf bra and ladies' knitted tops of manmade fibers with a built-in shelf bra (Lerner New York v. U.S., CIT #05-00412).