Four styles of womens' and girls' knit upper body garments are classifiable in different subheadings depending on whether the waistband at the bottom of the garments is tight to the body, CBP said in a recent ruling. The ruling, dated Nov. 14, found that one of the women's and the girls' style provided a way to be tightened at the bottom and were classifiable as "other" sweaters, pullovers and waistcoats, while the other two women's styles could not be tightened and are classifiable as blouses or shirts.
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 Nov. 16-21 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 Amsted Rail Co. and its Mexican maquiladora affiliate ASF-K Mexico returned a conflict of interest suit against their former counsel, Buchanan Ingersoll partner Daniel Pickard to the Court of International Trade. Filing another complaint at the trade court after previous claims against the Buchanan partner fell short for jurisdictional reasons, ARC said Pickard "betrayed" the company by using its information against it in an injury petition on freight rail couplers from Mexico and China (Amsted Rail Co. v. U.S., CIT # 23-00242).
The World Trade Organization's Committee on Trade in Civil Aircraft on Nov. 17 agreed to Brazil's terms of accession to the Agreement on Trade in Civil Aircraft, the WTO announced. Brazil will submit the agreement along with its commitments to the nation's National Congress for approval. Brazil originally submitted its application to accede to the deal in June 2022. Marcio Elias Rosa, Brazil's deputy minister and executive secretary of the Ministry of Development, Industry, Commerce and Services, highlighted Brazil's "unwavering commitment to the principles of the WTO and the enhancement of international supply chain," WTO said.
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 Nov. 21 upheld the Commerce Department's order to CBP to assess antidumping duties on exporter Goodluck India's entries subject to the third administrative review of the antidumping duty order on cold-drawn mechanical tubing of carbon and alloy steel from India despite a previous order provisionally excluding the entries from the AD order. Judge Gary Katzmann found Goodluck's previous entries, but not the exporter itself, were excluded from the order.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
China is the country of origin for Lexmark printers imported from Mexico for both Section 301 trade duties and country of origin marking, CBP said in a recently released ruling. CBP found that the printer transports incorporated into the printer, which were made in China, were critical for the printer to feed the paper and to print copies, and were the component that imparted essential character, rather than the printed circuit board assemblies, which were assembled in Mexico.
The Commerce Department didn't violate statutory, regulatory or constitutional considerations in instructing CBP to automatically liquidate exporter Goodluck India's cold-drawn mechanical tubing shipments as part of the third antidumping review without providing the company with a later chance to file a request for review, the Court of International Trade ruled. The court originally excluded Goodluck's entries from the AD order, but that ruling was reversed on appeal. Commerce told CBP to liquidate Goodluck's entries subject to the AD order's third review at the 33.7% rate instead of the provisional zero percent rate in place during the second AD review's anniversary month.