The U.S. Court of Appeals for the Federal Circuit on March 7 sustained CBP's classification of importer RKW Klerks' net wrap products used in hay baling machines under Harmonized Tariff Schedule subheading 6005.39.00 as "warp knit fabric," dutiable at 10%, instead of the importer's subheading of 8433.90.50, as "parts" of harvesting machinery. Judges Richard Taranto, Raymond Chen and Tiffany Cunningham said the net wraps are not "parts" as defined by the HTS since the wraps have "additional function outside the machine." The court added that a "consumable" item, "like bullets in a gun," isn't solely meant for use within the machine "simply because it is used exclusively by the machine."
Whole garlic cloves in brine imported from China by Roland Goods aren't subject to an antidumping duty order on fresh garlic from China, the Commerce Department said in a March 1 scope ruling.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Importer Sucden Americas Corp. and the U.S. filed a stipulation of dismissal in a customs suit pertaining to the company's four entries of white refined sugar from Guatemala. The U.S. moved to dismiss the lawsuit in December, arguing that the case must be tossed because the importer didn't protest the liquidation of its entries or the denials of its post-importation preference claims (see 2312110045). As a result, the government said there was no subject-matter jurisdiction in the suit under Section 1581(a) (Sucden Americas Corp. v. U.S., CIT # 22-00228).
Three importers said in combined remand comments that CBP was attempting to illegally shift the burden of proof onto them to prove they weren't guilty of evasion under the Enforce and Protect Act (Newtrend USA Co. v. U.S., CIT # 22-00347).
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 filed recently 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:
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 Feb. 28 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):