The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP released its April 27 Customs Bulletin (Vol. 56, No. 16), which includes the following ruling actions:
Importer DSM Nutritional Products moved on April 27 to designate a test case in its tariff classification challenge on beta-carotene products, in a bid to place six other cases under one other action at the Court of International Trade. Five of the other cases were brought by DSM (see 2110270052) and one other by American International Chemical (DSM Nutritional Products v. United States, CIT #17-00136).
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 April 27 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):
Court of International Trade Judge Timothy Reif denied a motion by importer Cozy Comfort for a conference to consider court-annexed mediation. In an April 26 opposition motion, the government argued that mediation would be inappropriate because there are still facts at issue and that mediation will likely be ineffective as long as the government is opposed. Reif agreed but said Cozy Comfort may renew its motion after discovery has been completed.
The Customs Rulings Online Search System (CROSS) was updated April 21 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:
Court of International Trade Judge Timothy Stanceu granted a motion from importer Nutricia North America that asked to reopen discovery to replace the company's expert witness in an ongoing case regarding classification of infant formulas (Nutricia North America v. United States, CIT #16-00008). Nutricia asked for the record to be reopened after it discovered that its witness, Dr. Joel Lavine, was convicted of sexually abusing an adult former patient. With the order from Judge Timothy Stanceu, Nutricia will replace Lavine with Dr. Jonah Essers.
The government should not be allowed a second extension in a classification case to respond to an expert witness report, HyAxiom said in a motion filed April 20 with the Court of International Trade. DOJ has "not yet decided whether they intend to respond to HyAxiom’s Expert Report, let alone retained a rebuttal expert," which, the motion argues, is "effectively putting on pause HyAxiom’s ability to complete its discovery" and, if granted, would prejudice HyAxiom, formerly known as Doosan Fuel Cell America, by forcing it to rearrange its litigation strategy, the importer said. The case stems from a February 2021 complaint by Doosan Fuel Cell America that challenged the reclassification of a steam methane reformer and subsequent denial of protest by CBP. CBP classified the reformer under HTS subheading 8503.00.9550 (3%). Doosan claims the proper subheading is 8405.10.0000 (free).