Specialty medical foods designed for infants and toddlers should be classified as medicaments and as duty-free articles for the handicapped rather than foods, Nutricia North America again argued in a Dec. 2 response brief at the Court of International Trade. The brief follows a Oct. 28 motion for summary judgment by DOJ, wherein the government argued that "while therapeutic, Nutricia's products are still foods" (see 2210310054) (Nutricia North America v. United States, CIT # 16-00008).
Colorado-based Ellab Inc. and its Danish parent company, Ellab A/S, paid the U.S. over $700,000 to settle charges that it failed to pay customs duties on imports of thermal validation equipment, the U.S. Attorney's Office for the District of Colorado announced Dec. 1. The U.S. alleged Ellab failed to classify its imports and properly declare their value, neglecting to pay the full amount of the duties owed on the goods.
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 Nov. 29 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 following lawsuits were recently filed at the Court of International Trade:
The Customs Rulings Online Search System (CROSS) was updated Nov. 29 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 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 in a confidential Nov. 28 opinion sent back parts and upheld parts of the Commerce Department's final determination in the antidumping duty investigation on mattresses from Vietnam. In a letter issued to the litigants, Judge Timothy Reif gave the parties until close of business Dec. 5 to review any confidential information to be bracketed in the opinion. In the complaint, the plaintiffs, led by Ashley Furniture Industries, challenged Commerce's reliance on Emirates Sleep Systems' financial statements in its decision to use Indian Harmonized Tariff Schedule subheading 7320.90.90 as a surrogate value for pocket coil innerspring units and the agency's refusal to list Ashley Furniture Trading Co. and Ashley Furniture Industries as eligible for the dumping rates given to certain companies where AFTC and AFI reinvoiced the goods before import (Ashley Furniture Industries v. United States, CIT #21-00283).
Importer RKW Klerks will appeal an October Court of International Trade decision finding that CBP properly classified net wraps used for baling hay as a warp knit fabric under Harmonized Tariff Schedule subheading 6005.39.00. According to a Nov. 28 notice of appeal, the importer will take the case to the U.S. Court of Appeals for the Federal Circuit. In the opinion, the trade court ruled against classification under plaintiff RKW Klerks' preferred subheading 8433.90.50 as "parts" of "harvesting or threshing machinery" (RKW Klerks v. United States, CIT #20-00001).