The Court of International Trade upheld parts and sent back parts of CBP's classification of importer Nature's Touch Frozen Foods' 14 different mixtures of frozen fruit, five of which have frozen vegetable ingredients. Judge Stephen Vaden said the merchandise is properly classified under Harmonized Tariff Schedule heading 0811 since the term "Fruit ... frozen" describes these goods in whole. However, this term does not cover the five mixture types with vegetable ingredients, though the judge added that Nature's Touch's preferred heading, 2106, does not fit either. Vaden ultimately found that the goods are properly classified under subheading 0811.90.80, dutiable at 14.5%, despite both parties' objections that this subheading excludes mixtures.
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 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 May 22 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):
The Court of International Trade granted importer DSM Food Specialties USA's voluntary bid to dismiss its case challenging the classification of its CaroCare beta-carotene in 30% oil suspension form. The company filed suit in 2005 to argue that the imports should be classified under Harmonized Tariff Schedule subheading 2936.90.000, free of duty, rather than subheading 2106.90.9998, dutiable at 6.4% (DSM Food Specialties USA v. United States, CIT # 05-00043).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department did not offer any source to justify its use of 24 working days per month as part of its surrogate value calculation for labor in an antidumping review, the Court of International Trade ruled. Remanding parts and sustaining parts of the seventh administrative review of the AD order on multilayered wood flooring from China, Judge Richard Eaton also sent back Commerce's surrogate financial ratio calculation for manufacturing overhead. Eaton did uphold the surrogate value determination for glue, however.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department failed to rely on the best available information when setting surrogate values for antidumping duty respondent Risen Energy Co.'s backsheet and ethyl vinyl acetate (EVA) inputs in the AD administrative review on solar cells from China in 2017-18, Risen argued in an opening brief at the U.S. Court of Appeals for the Federal Circuit. Risen also challenged the Commerce's calculation of the company's financial ratios (Risen Energy Co. v. United States, Fed. Cir. # 23-1550).