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 July 20 opinion redenominated the U.S.'s counterclaim in a customs case brought by importer Cyber Power Systems as a defense, ruling that the U.S. does not have the statutory authority to make the counterclaim. With the ruling, Judge Claire Kelly denied Cyber Power's motion to dismiss the counterclaim as moot. Kelly ruled that none of the sections in the U.S. code cited by the U.S. give a basis for the counterclaim, which sought to reclassify imported cables.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Mixes of frozen fruits should be classified under heading 0811 as "fruit and nuts," rather than under heading 2106 as "food preparations," the government said again in a July 18 brief in support of its May 23 motion to dismiss (see 2205240031) (Nature's Touch Frozen Foods (West). v. U.S., CIT #20-00131). None of the products at issue constitute “food preparations” of heading 2106 as they are not subject to the level of processing that is typical of “food preparations.” Instead, the "all-fruit mixes at issue are classifiable under the eo nomine provision for frozen '[f]ruit' in Heading 0811, [Harmonized Tariff Schedule of the U.S.], pursuant to GRI 1," the brief said.
Battery powered flexible electronic eWriter device containing flexible pressure sensitive liquid crystal writing film are properly classified as "optical appliances" under subheading 9013.80.7000 and subject to a product exclusion under Section 301 tariffs, Kent Displays said in a July 18 complaint at the Court of International Trade (Kent Displays, Inc. v. U.S. CIT # 20-00156).
The Court of International Trade in a July 20 opinion redenominated the U.S.' counterclaim in a customs case brought by importer Cyber Power Systems as a defense, ruling that the U.S. does not have the statutory authority to make the counterclaim. With the ruling, Judge Claire Kelly denied Cyber Power's motion to toss the counterclaim as moot. The counterclaim sought to reclassify Cyber Powers' cable imports under Harmonized Tariff Schedule subheading 8544.42.90. Kelly ruled that none of the sections in the U.S. code cited by the U.S. give a basis for the counterclaim.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Agricultural net wraps for baling hay or other silage are not "parts" of agricultural machinery, but rather an input classifiable as fabric, the government said in a July 15 brief at the Court of International Trade (RKW Klerks Inc. v. U.S., CIT #20-00001).
Patented VicFlex sprinkler brackets are properly classified as “parts” of machines for dispersing or spraying liquids under tariff schedule subheading 8424.90.9080 and not subject to Section 301 duties, Victaulic said in a July 15 complaint to the Court of International Trade (Victaulic Company v. United States, CIT #22-00022).
A Court of International Trade case concerning imported pressure switches should be dismissed for lack of jurisdiction and timeliness, the government said in a July 15 brief opposing Environment One's motion to amend its summons. Alternatively, the government has asked the court to dismiss the action for failure to state a claim for which relief may be granted (Environment One Corporation v. United States et. al., CIT # 22-00124).