The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Importer Mitsubishi Power Americas will appeal a Court of International Trade decision from April 29 on the classification of the company's catalyst blocks, according to a notice of appeal. The trade court said the catalyst blocks were filters or purifiers and properly classified under Harmonized Tariff Schedule heading 8421 and not as "other" catalytic reactors under heading 3815 (see 2504300067). Mitsubishi had requested Section 301 exclusions for its products but the importer failed to specify a particular HTS heading for the exclusion. However, the Office of the U.S. Trade Representative's exclusion that would apply to the products didn't actually cover Mitsubishi's goods, but even if had, the exclusion was drafted to cover products under heading 3815, the court said (Mitsubishi Power Americas, Inc. v. U.S., CIT # 21-00573).
Following decisions from the Court of International Trade and the U.S. District Court for the District of Columbia invalidating tariff action taken under the International Emergency Economic Powers Act, questions remain about which court has the right view on whether the trade court has exclusive jurisdiction to hear cases on IEEPA tariffs. Relatedly, the issue affects where importers may file suit to contest the imposition of IEEPA tariffs or seek refunds of duties paid under tariff action found to be unlawful.
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:
Importer APS Auto Parts Specialist on May 28 dismissed two of its Court of International Trade cases seeking Section 301 exclusions. In both cases, APS challenged CBP's denial of its protest claiming that its steel side protective attachment auto parts of Harmonized Tariff Schedule subheading 8708.29.5060 qualify for Section 301 tariff exclusions under secondary subheading 9903.88.45. Counsel for APS didn't immediately respond to a request for comment (APS Auto Parts Specialist v. United States, CIT #s 21-00233, -00268).
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. District Court for the District of Columbia on May 27 heard arguments concerning the government's motion to transfer a case challenging International Emergency Economic Powers Act tariffs to the Court of International Trade and two importers' bid for a preliminary injunction against the tariffs. Judge Rudolph Contreras asked the government about what remedy the court could impose should it find for the plaintiffs and about the merits of the importers' claim that IEEPA doesn't provide for tariffs (Learning Resources, Inc. v. Donald J. Trump, D. D.C. # 25-01248).
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: