The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP and importer Ohka America reached a settlement over the proper tariff classification of photoresists in three different cases at the Court of International Trade. According to the three separate stipulated judgments on agreed statement of facts, the parties reached an agreement on the proper Harmonized Tariff Schedule subheading for the entries, dropping the duty rate from 6.5% to 3%. CBP originally liquidated the photoresists under HTS subheading 3707.90.32, which provides for "Chemical preparations for photographic uses (other than varnishes, glues, adhesives and similar preparations...: Other:Chemical preparations for photographic uses: Other." The parties agreed, though, to liquidate the entries under subheading 3707.10.00, whch provides for “Chemical preparations for photographic uses (other than varnishes, glues, adhesives and similar preparations). Sensitizing emulsions." The cases were filed in 2005, 2006 and 2008 (Ohka America v. United States, CIT #05-00118, #06-00415, #08-00029).
CBP and Lerner New York reached a settlement over the proper classification of two types of ladies' knitted tops. Filing a stipulated judgment on an agreed statement of facts at the Court of International Trade Aug. 1, the parties settled on a Harmonized Tariff Schedule subheading for the tops, dropping the duty rate from 17% to 10.9%. The dispute concerned ladies' knitted tops of over 90% cotton and less than 10% spandex with a built-in shelf bra and ladies' knitted tops of manmade fibers with a built-in shelf bra (Lerner New York v. U.S., CIT #05-00412).
The Customs Rulings Online Search System (CROSS) was updated on Aug. 1 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 Office of the U.S. Trade Representative often found itself weighing the possible harm to U.S. consumers from the lists 3 and 4A Section 301 tariffs against the need to give the duties enough teeth to curb China’s allegedly unfair trade practices, the agency said in its 90-page “remand determination,” filed Aug. 1 at the Court of International Trade (In Re Section 301 Cases, CIT #21-00052). Submitting its bid to ease the court's concerns over modifications made to the third and fourth tariff waves, USTR provided its justifications for removing various goods from the tariff lists ranging from critical minerals to seafood products.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade in an Aug. 1 order granted a joint motion for stipulated judgment, granting refunds to importer Transpacific Steel for Section 232 steel and aluminum duties paid in error. The importer was originally granted three exclusions with the wrong Harmonized Tariff Schedule subheading listed in them. After having its resubmitted exclusion requests denied, Transpacific took to the trade court to seek the exclusions and refunds for the Section 232 duties paid. It received just that following a settlement with the U.S. (Transpacific Steel v. United States, CIT #21-00362).
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: