The Customs Rulings Online Search System (CROSS) was updated Aug. 5 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):
While plaintiffs in a solar cell antidumping review case were satisfied with the Commerce Department's switch from adverse facts available and how it values silver paste on remand, they still contest the agency's positions on how to value backsheets and ethyl vinyl acetate (EVA) using surrogate data. In comments to the Court of International Trade, the plaintiffs, led by Risen Energy, argued the Commerce's bid to further defend its valuation of backsheet and EVA inputs is unsupported by substantial evidence (Risen Energy v. U.S., CIT Consol. #20-03743).
Offroad utility vehicles should be classified as passenger rather than cargo transporters, importer MTD said in an Aug. 5 complaint to the Court of International Trade (MTD Consumer Group Inc. v. U.S., CIT # 22-00233).
Camera housings are properly classified as camera "parts" rather than "camera cases," argued GoPro at the Court of International Trade in an Aug. 5 motion for summary judgment (GoPro v. U.S., CIT #20-00176).
CBP and importer Launchlab reached a deal on the proper tariff classification of the company's pet carriers, the parties announced in an Aug. 4 stipulated judgment on agreed statement of facts at the Court of International Trade. The pet carriers were liquidated under Harmonized Tariff Schedule subheading 4202.92.90 as "travel, sports or similar bags," dutiable at 17.6%. Per the agreement, the pet carriers will be liquidated under subheading 6307.90.98 as other textile articles, dutiable at 7%. CBP issue refunds with interest, settling a case that began seven years ago (Launchlab v. U.S., CIT #15-00288).
Following the Office of the U.S. Trade Representative's remand results at the Court of International Trade further justifying its lists 3 and 4A tariff action, it can be expected for the thousands of plaintiffs to argue that the explanation falls short in addressing the trade court's concerns, three Wiley Rein attorneys said in an Aug. 2 alert on the remand results. The plaintiffs will further argue that "the court should order the tariffs to be lifted," the law firm said.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Bergan Pets and the federal government reached an agreement surrounding the correct classification of imported pet carriers, according to a stipulated judgment agreement, signed by Judge Gary Katzmann on July 25 (Bergan Pets v. U.S., CIT #15-00134). Bergan imported the items in October 2012 through Kansas City. CBP liquidated the merchandise in 2013 under the subheading 4202.92.90, as "travel, sports or similar bags," and assessed 17.6% duties. Bergan filed three protests in 2014, all of which were denied, before filing suit at CIT. Both sides have agreed that the correct classification should be under subheading 6307.90.98 as "Other made up articles, including dress patterns: Other: Other," dutiable at 7%.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
In the Aug. 3 Customs Bulletin (Vol. 56, No. 30), CBP published a proposal to revoke a ruling on insulated lunch bags.