Porsche Motorsports North America filed a motion for summary judgment in the Court of International Trade, hoping to sway the court that automobile repair tools and parts the company exported to Canada then brought back into the U.S. should return duty free. In the April 26 filing, Porsche argued for classification under Harmonized Tariff Schedule subheading 9801.00.85 -- the subheading granting duty-free access to goods returning to the states after having been exported for use temporarily abroad -- claiming the parts are “tools of the trade” of car racing.
The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. Court of Appeals for the Federal Circuit on April 26 upheld a recent lower court ruling that found an active pharmaceutical ingredient imported by Janssen Ortho eligible for duty-free treatment. In line with a February 2020 Court of International Trade decision, the Federal Circuit found darunavir ethanolate, the active ingredient in a Janssen HIV medication, is encompassed by a listing in the tariff schedule's Pharmaceutical Appendix for darunavir.
The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade greenlighted a test case for GoPro to adjudicate multiple claims challenging a CBP classification decision in an April 22 order. Judge Timothy Reif suspended three other cases brought by GoPro challenging CBP's classification of imported camera housings, subject to classification as “cases” under Harmonized Tariff Schedule heading 4202. The popular camera manufacturer argues the camera housings should instead be classified as “camera parts” under HTS heading 8525.
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 Department of Justice continued to raise jurisdictional issues in support for a motion to dismiss a challenge from steel exporter Voestalpine USA and importer Bilstein Cold Rolled Steel seeking a refund of Section 232 duties paid on steel entries in the Court of International Trade. In an April 19 filing, the DOJ challenged the jurisdiction of Voestalpine and Bilstein's challenge while pointing out that the plaintiffs are not entitled to a refund on the duties paid since they forgot to complete one key step in the tariff exclusion process -- alerting CBP that the Commerce Department issued an exclusion in the first place.