The following lawsuit was filed recently at the Court of International Trade:
A product is "imported" for duty drawback purposes when it's admitted into a foreign-trade zone and not when entered for domestic consumption, the Court of International Trade held on May 15. Judge Timothy Reif said the definition of "importation" found in both the dictionary and Supreme Court precedent distinguishes importation from entry.
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 April 29 - May 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):
Importer Spector & Co. asked the Court of International Trade for relief from an order dismissing the case for lack of prosecution. The trade court dismissed the case, which is challenging CBP's classification of Spector's notebooks under Harmonized Tariff Schedule subheading 4820.10.20.60, since the suit was added to the customs case management calendar and not removed before the expiration of the "applicable period of time of removal" (see 2505050001) (Spector & Co. v. U.S., CIT # 23-00087).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Importer Amoena argued May 9 again that their mastectomy brassieres should have been classified as medical accessories, not “other” brassieres, saying that “a straightforward ‘visual review’” of the products wasn’t enough on its own to classify them. It also asked the trade court to accept certain apparently unaddressed facts on the record (Amoena USA Corp. v. United States, CIT #20-00100).
The Court of International Trade on May 13 heard arguments in the lead case on the president's ability to impose tariffs under the International Emergency Economic Powers Act. Judges Jane Restani, Gary Katzmann and Timothy Reif pressed counsel for the plaintiffs, the Liberty Justice Center's Jeffrey Schwab, and DOJ attorney Eric Hamilton on whether the court can review whether a declared emergency is "unusual and extraordinary," as well as the applicability of Yoshida International v. U.S., a key precedential decision on the issue, and whether the major questions doctrine applies and controls the case (V.O.S. Selections v. Trump, CIT # 25-00066).
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 April 28-29 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):