The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Ben Perkins
Ben Perkins, Assistant Editor, is a reporter with International Trade Today and its sister publications, Trade Law Daily and Export Compliance Daily, where he covers sanctions, court rulings, and other international trade issues. He previously worked as a trade analyst for a Washington D.C. advisory firm. Ben holds a B.A. in English from the University of New Hampshire and an M.A. in International Relations from American University. Ben joined the staff of Warren Communications News in 2022.
The International Trade Commission performed only a "cursory analysis" and presumed causation where none existed in its antidumping duty injury investigation on oil country tubular goods from Argentina and Mexico, Tenaris Bay City and consolidated plaintiffs from two other cases said in an Oct. 12 reply brief at the Court of International Trade (Tenaris Bay City, Inc. v. U.S., CIT # 22-00344).
The Customs Rulings Online Search System (CROSS) was updated Oct. 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:
Imported wood and metal seats met the requirements for Section 301 tariff exclusions but had those duties unlawfully levied upon them by CBP, Georgia-based furniture importer and wholesaler Belnick said in its Oct. 17 complaint at the Court of International Trade (Belnick v. U.S., CIT # 23-00072).
An automotive telematics device is properly classified as a "measuring or checking instrument" under Harmonized Tariff Schedule heading 9031 and not as a "telephone" under heading 8517, according to a recent ruling by CBP headquarters.
Imported electronic bicycles were improperly classified by CBP and would have been excluded from Section 301 duties, Washington-based e-bike importer Arba International (doing business as Ariel Rider E-Bikes) said in its Oct. 13 complaint at the Court of International Trade (Arba International v. U.S., CIT # 23-00215).
CBP Withholding Communications on Past Classification Decisions, Importer Argues in Motion to Compel
The government should be ordered to produce unredacted documents for inspection by the judge and be ordered to disclose additional statements not reflecting protected deliberations in a case concerning the classification of intelligent window shade machines, Lutron Electronics said in its Oct. 13 motion to compel at the Court of International Trade. Lutron is seeking information related to former CBP employees and communications regarding decision-making in the classification process. Lutron said it fulfilled its obligation in attempting to resolve the dispute in good faith before filing its motion (Lutron Electronics v. U.S., CIT # 22-00264).
The Commerce Department failed to support its use of quarterly costs and failed to provide a rational explanation when it revised the antidumping duty margin for Italian steel exporter Officine Tecnosider to zero percent on remand, Nucor Corporation said in its Oct. 12 remand comments at the Court of Internatinoal Trade (Officine Tecnosider SRL v. United States, CIT # 23-00001).
The Commerce Department unlawfully miscalculated duty rates and allowed a foreign producer too much leeway in the final results of its first antidumping administrative review of forged steel fluid end blocks from Italy, petitioner Ellwood City Forge Co. said in an Oct. 13 complaint at the Court of International Trade. Ellwood asked the court to remand the case to Commerce for reconsideration (Ellwood City Forge Co. v. U.S., CIT # 23-00191).