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Harmonized Tariff Schedule

The Harmonized Tariff Schedule (HTS) provide classification provisions and duty rates for almost every item that exists. It is a system of classifying and taxing all goods imported into the United States. The HTS is based on the international Harmonized System, which is a global standard for naming and describing trade products, and consists of a hierarchical structure that assigns a specific code and rate to each type of merchandise for duty, quota, and statistical purposes. The HTS was made effective on January 1, 1989, replacing the former Tariff Schedules of the United States. It is maintained by the U.S. International Trade Commission, but CBP is responsible for interpreting and enforcing the HTS. 

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CIT Consolidates Beta-Carotene Classification Cases
February 8, 2022 |Litigation

The Court of International Trade consolidated two cases filed by BASF. The decision to consolidate follows a motion by BASF to combine the cases in the interests of avoiding "unnecessary costs or delay." Both cases involve the same product and the same underlying matter of law: whether a formulated beta-carotene product used by BASF’s customers as a source of provitamin A is classifiable under Harmonized Tariff Schedule subheading 2936.90.01 as “Provitamins, unmixed,” duty free, or subheading 2106.90.99, as “Food preparations not elsewhere specified or included: Other: Other: Other: Other: Other: Other: Other.,” dutiable at the rate of 6.4%. Judge Richard Eaton granted BASF's request, as it would "promote the just, speedy, and less expensive determination of this action." After Feb. 7, the combined cases will proceed as number 12-00422.

Topics:Court of International Trade activity
DOJ to CIT: Toss Case Seeking to Compel CBP to Respond to Requests Over Section 232 Evasion
February 4, 2022 by Jacob Kopnick|Litigation

The Court of International Trade should throw out Wheatland Tube's case intended to compel CBP to respond to the company's requests for information and a tariff classification ruling because Wheatland has received all the relief to which it is legally entitled, the Department of Justice said in a Feb. 2 motion to dismiss the case. CBP has already responded to this RFI and the petition for a tariff classification ruling over the company's electrical conduits from Mexico, DOJ said. CBP also told Wheatland it agrees with the company's stance on the correct classification of its steel conduit pipe and was defending this position in separate litigation (Wheatland Tube Co. v. United States, CIT #22-00004).

Topics:Court of International Trade activity, Tariff classification rulings, Country of origin cases, Harmonized Tariff Schedule, CBP CROSS Rulings
Auto Parts Importer Says CBP Wrongly Classified NOx Sensors Alongside Spectrometers
February 2, 2022 by Ben Perkins|Litigation

An auto parts importer said the Department of Justice is overcomplicating and misstating the use of its diesel engine nitrogen oxide (NOx) sensors in defense of CBP's classification of the sensors as instruments for chemical analysis under Harmonized Tariff Schedule heading 9027. In a brief filed Jan. 31, Continental Automotive Systems says the NOx sensors, used to measure the amount of nitrogen oxide for emissions purposes, are instead provided for in heading 9026 as measurement devices (Continental Automotive Systems, Inc. v. U.S., CIT #18-00026).

Topics:Court of International Trade activity, Tariff classification rulings, Harmonized Tariff Schedule, CBP CROSS Rulings
Porsche to Appeal Denial of Duty-Free Status for Auto Parts Temporarily Exported Then Reimported
February 1, 2022 |Litigation

Porsche Motorsports North America will appeal to the U.S. Court of Appeals for the Federal Circuit a Dec. 30 Court of International Trade opinion that held that the company's auto parts and tools exported to Canada for use at auto races then re-imported don't qualify for duty-free treatment, it said in a Jan. 31 notice of appeal. Porsche sought duty-free treatment for its goods brought back into the U.S. under a goods returned tariff provision for "tools of the trade." While Porsche said that its goods were exported to support race teams, the trade court said that the auto parts were exported to generate sales to race teams rather than for a professional purpose, as required by the Harmonized Tariff Schedule subheading 9801.00.8500 (see 2201030038) (Porsche Motorsports North America v. U.S., CIT #16-00182).

Topics:Court of International Trade activity
Commerce Finds Two-Ply Panels Subject to ADD/CVD on Chinese Hardwood Plywood in EAPA Referral
January 31, 2022 by Brian Feito|AD/CVD

The Commerce Department on Jan. 21 issued a final scope ruling continuing to find "veneered panels" with only two layers of veneer are subject to antidumping and countervailing duties on hardwood plywood from China (A-570-051/C-570-052), and that their processing in Vietnam into plywood by adding face and back veneers does not substantially transform the panels into a product of Vietnam.