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 on Feb. 22 ruled that Formpack, a flexible packaging material imported by Amcor Flexibles Kreuzlignen, is classifiable as "other" backed aluminum foil, rather than aluminum foil decorated with a pattern or design. Siding with the plaintiff, Judge Gary Katzmann said that Formpack is classified under the duty free subheading 7607.20.50. CBP originally classified the entries under subheading 7607.20.10, which is dutiable at 3.7% and provides for aluminum foil "covered or decorated with a character, design, fancy effect or pattern." Since the text on Formpack is communicative text not decorative, it doesn't belong under CBP's subheading, Amcor successfully argued.
The following lawsuits were recently filed at the Court of International Trade:
The following lawsuits were recently filed at the Court of International Trade:
The following lawsuits were recently filed at the Court of International Trade:
The Customs Rulings Online Search System (CROSS) was updated Feb. 10 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:
The Court of International Trade on Feb. 8 consolidated two cases filed by Incase Design Group. The order follows a motion by Incase to combine the cases because it would "promote administrative and judicial efficiency." Both cases involve the same product and are being considered by the same judge. They also concern the same underlying issue: whether "the proper classification of sports armband cell phone holders" is under subheading 4202.99.90 as "... containers ... of sheeting of plastics ... ," dutiable at 20%, or under subheading 3926.90.99 as "other articles of plastics ..., ," dutiable at 5.3%. Judge Stephen Vaden granted Incase's request, as it would "promote the just, speedy, and less expensive determination of this action." The combined cases proceed as number 16-00267.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Court of International Trade Judge Richard Eaton expressed skepticism over the Commerce Department's assumption of 24 working days per month for calculating the surrogate labor rate in an antidumping duty case, during a Feb. 8 oral argument. The Department of Justice backed the use of the 24 working days standard, arguing that it is agency practice to use this number. Since counsel for Commerce at the oral argument could not provide a reason that the 24 working days standard exists, as opposed to a 19 or 20 working day alternative floated by the plaintiff, Eaton said that it should be easy to part with past agency practice as it wasn't an explained action (American Manufacturers of Multilayered Wood Flooring v. United States, CIT #20-03948).