The Court of International Trade on May 2 dismissed three customs cases for lack of prosecution. All three were added to the customs case management calendar and not removed before the expiration of the "applicable period of time of removal" (Flow Control v. U.S., CIT # 21-00201; Safran Electronics and Defense v. U.S., CIT # 23-00086; 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:
The Court of International Trade on May 2 held that importer BASF's fish oil ethyl ester concentrates "maintain the essence of fish" and are thus "extracts of fish" under Harmonized Tariff Schedule heading 1603 and not "food preparations" under heading 2106.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP will pay refunds of Section 301 duties paid on importer CITIC Dicastal Wheel Manufacturing's aluminum road wheels, the importer and the U.S. said in a stipulated judgment submitted to the Court of International Trade on April 30. The judgment said CITIC Dicastal's wheels were subject to an exclusion from a 10% Section 301 duty the Office of the U.S. Trade Representative granted for wheels imported under Harmonized Tariff Schedule subheading 8708.70.4545, which provides for aluminum wheels for motor vehicles of heading 8701 to 8705 (CITIC Dicastal Wheel Manufacturing Co. v. United States, CIT # 21-00159).
The Court of International Trade committed "clear error" in classifying Honeywell's precut, radial, chordal and web fabric pieces used in airplane brakes as part of an aircraft under Harmonized Tariff Schedule heading 8803 without performing a GRI 2(a) analysis, the U.S. argued. Defending its bid for a rehearing before the trade court, the government said Honeywell's claim that there's no "significant flaw" in the CIT's decision ignores the fact that the court at no point found the brake segments to be a "finished part" (Honeywell International v. United States, CIT # 17-00256).
Fish oil ethyl ester concentrates imported by BASF are "extracts of fish" under Harmonized Tariff Schedule heading 1603 and not food preparations under heading 2106, the Court of International Trade held on May 2. Judge Joseph Laroski said the concentrates are extracts of fish oil, since they maintain many key characteristics of the fish oil, and that fish oil is fish for purposes of the HTS heading. In granting BASF its preferred HTS classification, Laroski sidestepped the issue of whether the U.S. could seek a classification different from the one chosen by CBP through a counterclaim at the trade court.
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:
Importer Snap One, doing business as SnapAV or Control 4, voluntarily dismissed two customs suits at the Court of International Trade on April 28. The company brought the cases to contest CBP's classification of its network management controllers of Harmonized Tariff Schedule subheading 8537.10.9170, dutiable at 2.7%, arguing that instead the goods fit under subheading 8517.62.0090, free of general and Section 301 duties. Counsel for Snap One didn't immediately respond to request for comment (Snap One v. United States, CIT #s 23-00078, -00079).