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 May 12 opinion made public May 20 remanded the Commerce Department's final determination in the countervailing duty investigation on wood cabinets and vanities from China. The plaintiffs, led by Dalian Meisen Woodworking Co., challenged Commerce's use of adverse facts available on China's Export Buyer's Credit Program and the agency's use of a different plywood benchmark for different companies despite the fact that the companies used the same types of plywood.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP improperly denied an importer's "mixed use" drawback claim, despite provisions in CBP's regulations allowing claims based on imports used for both pre- and post-Trade Facilitation and Trade Enforcement Act (TFTEA) drawback, an importer told the Court of International Trade in a complaint filed May 16 (Parkdale America LLC v. United States, CIT #22-00019).
The Court of International Trade dismissed two cases brought by steel importer Voestalpine USA and steel purchaser Bilstein Cold Rolled Steel seeking to retroactively apply a Section 232 steel and aluminum tariff exclusion that was originally issued with a clerical error. Judge Mark Barnett said that the plaintiffs did not seek any relief that the court could grant since the entries eligible for the exclusion had already been liquidated, and the court does not have the power to order their reliquidation.
The Customs Rulings Online Search System (CROSS) was updated May 16 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:
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade issued a May 17 opinion addressing two cases brought by Voestalpine USA and Bilstein Cold Rolled Steel, the importer and purchaser of entries subject to Section 232 steel and aluminum tariffs, respectively. The cases both concern reliquidation requests on various steel entries without the Section 232 duties, based on the Commerce Department's Bureau of Industry and Security's approval of exclusion requests. The exclusions each originally contained an invalid Harmonized Tariff Schedule subheading, but by the time the error was discovered in both cases, CBP had liquidated the entries with the duties.
Imported house wrap, used during construction to protect the properties from water infiltration, should be properly classified as “Woven fabrics of synthetic filament yarn...” under the duty-free heading 5407 rather than as "Textile fabrics impregnated, coated, covered or laminated with plastics" under heading 5903, CBP said in a March 8 ruling.