CBP properly denied customs broker license exam test taker Byungmin Chae credit for questions 5, 27 and 33 of the April 2018 customs broker license exam, the U.S. argued in an Aug. 31 reply brief filed at the U.S. Court of Appeals for the Federal Circuit. DOJ went through each question, detailing why CBP's answer was the correct one and why Chae's preferred answer was errant (Byungmin Chae v. Janet Yellen, Fed. Cir. #22-2017).
The Court of International Trade in a Sept. 1 order granted the Office of the U.S. Trade Representative's motion to voluntarily reconsider its decision to not reinstate an exclusion to the Section 301 duties on water coolers from China. Plaintiff DS Services of America, doing business as Primo Water North America, didn't oppose the motion. USTR said it wanted to reevaluate its decision given Prime Water's charges of the agency's alleged violation of the Administrative Procedure Act and Natural Choice's request to withdraw its opposition to the reinstatement of the exclusion (DS Services of America v. U.S., CIT #22-00157).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Amazon's Echo Show smart displays are properly classified as "machines for the reception, conversion and transmission or regeneration of voice, images or other data" under subheading 8517.62.00, rather than as speakers of heading 8518, CBP said in a recently released ruling. In HQ H316742, dated June 3 and released Aug. 30, CBP found heading 8517 better described the principal function of the multifunction Alexa devices.
The Court of International Trade in an Aug. 26 order stayed the consideration of the merits of plaintiff Environment One's claims in a case seeking to apply retroactive Section 301 exclusions until the court settles the U.S.'s motion to dismiss the case for lack of subject matter jurisdiction. DOJ moved to stay consideration of Environment One's claim its merchandise falls within the scope of the claimed exclusion, arguing the stay "would advance the interests of justice" and "could render litigation on the nature of plaintiff's imported merchandise to be unnecessary." Judge Mark Barnett agreed (Environment One v. U.S., CIT #22-00124).
The Customs Rulings Online Search System (CROSS) was updated Aug. 30 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):
A company formerly operating a bonded warehouse facility owes the government additional duties on 2,188 pairs of shoes that remained unaccounted for when the facility was shut down, ruled CBP headquarters in ruling H289595, released Aug. 26. CBP said the shoes, along with many other items, were improperly classified and stored by Jay Group in its facility before being withdrawn during the warehouse's closure. CBP ruled that Jay Group failed to rebut the presumption of correctness of its classification of shoes that remained unaccounted for in Jay Group’s final withdrawal, and instead accused CBP of factual errors.
Three separate lawsuits at the Court of International Trade are challenging the results of the Commerce Department's eighth administrative review of the antidumping duty order on crystalline silicon photovoltaic cells from China. All three suits allege Commerce made errors in its calculations and choice of data, particularly its surrogate values, during the review.
The Customs Rulings Online Search System (CROSS) was updated Aug. 26 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: