Imported carbon steel tubing lined with epoxy coating is properly classified in the tariff schedule as steel tubing, not insulating fittings, because testing shows the tubing does not meet a specific electrical resistance threshold, the government said in its Aug. 11 cross-motion for summary judgment at the Court of International Trade (Shamrock Building Materials v. United States, CIT # 20-00074).
The Court of International Trade agreed with the government that a nitrogen oxide sensor probe for diesel engines should be classified as an instrument of chemical analysis under Harmonized Tariff Schedule heading 9027, rather than an instrument of measurement under heading 9026 (Continental Automotive Systems, Inc. v. U.S., CIT #18-00026). In an Aug. 12 opinion, Judge Jane Restani ruled in favor of the government's March 8 cross-motion for summary judgment (see 2203140007).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
A law firm representing a plaintiff in a classification case at the Court of International Trade says that its client has become unresponsive and will again ask the court for permission to withdraw its representation as counsel for Guangdong Hongteo Technology Co., Ltd., according to an Aug. 11 status report at CIT (Guangdong Hongteo Technology Co. v. U.S., CIT #20-03776). The firm, Rock Trade Law, has previously tried to withdraw its representation over alleged outstanding legal fees but Judge Jennifer Choe-Groves said that since the plaintiff is a company and not a person, Rock Trade Law could not leave the case without substitute counsel first being identified (see 2207110070).
The Court of International Trade ruled that a nitrogen oxide sensor probe for diesel engines should be classified as an instrument of chemical analysis under Harmonized Tariff Schedule heading 9027, rather than an instrument of measurement under heading 9026. Continental Automotive Systems sued CBP over the classification and Judge Jane Restani ruled in favor of the government in the Aug. 12 decision.
The Customs Rulings Online Search System (CROSS) was updated Aug. 8 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 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 Aug. 8 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 issued a decision Aug. 8 remanding surrogate value calculations in an antidumping duty review on activated carbon from China to the Commerce Department for reconsideration or explanation. While CIT sustained five of the seven surrogate selections at issue in the case, it found the agency failed to explain its surrogate value selection of a dataset for carbonized material and its pick of a company for determining surrogate financial ratios.