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 Court of International Trade incorrectly classified plastic-dipped knit gloves under Harmonized Tariff Schedule heading 6116 instead of under heading 3926, Magid Glove & Safety Manufacturing argued in a Dec. 28 brief at the U.S. Court of Appeals for the Federal Circuit (Magid Glove & Safety Manufacturing v. U.S., Fed. Cir. #22-1793).
CBP is empowered to make its own scope determinations when evaluating antidumping and countervailing duty evasions, and the Court of International Trade should therefore sustain a determination made by CBP regarding steel grating from China, the government argued in a Dec. 23 brief at the Court of International Trade. The government response comes eight months after a motion for judgment filed by importer Ikadan System USA and manufacturer Weihai Gaosai Metal Product Co. (see 2204260079) because of a voluntary remand (Ikadan System USA v. United States, CIT # 21-00592).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP has determined that C.I.S. Investments, doing business as Triangle Metals, evaded antidumping and countervailing duty orders on forged steel fittings from China, according to a Dec. 20 notice. The determination comes at the end of an Enforce and Protect Act investigation, which found that C.I.S. transshipped fittings through Indonesia, Sri Lanka and Thailand, did not declare that the merchandise was subject to AD/CVD orders upon entry, and made no cash deposits. CBP will require that for any imports of forged steel fittings from Sri Lanka, Thailand or Indonesia, C.I.S. deposit estimated duties at the time of entry, and CBP will evaluate the continuous bond and will require single transaction bonds as appropriate.
The Customs Rulings Online Search System (CROSS) was updated Dec. 22 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):
CBP has no authority to pay interest when refunding money voluntarily tendered with prior disclosures, DOJ argued in a Dec. 15 motion at the Court of International Trade. The government's motion was in response to phone case importer Otter Products' Sept. 12 motion for judgment, in which the company argued that 19 U.S.C. 1520(a)(3) "unambiguously authorizes" the treasury department to refund duties or other receipts whenever money is deposited in the Treasury (see 2209130029) (Otter Products v. United States, CIT #22-00033).
Court of International Trade Judge Claire Kelly sustained the Commerce Department's remand results in a case concerning the antidumping duty investigation on fabricated structural steel from Mexico, in a Dec. 13 decision. Kelly found Commerce's changes and explanations reasonable and based on substantial evidence in accordance with law that complied with the court’s March remand order (see 2203310028).
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 Dec. 19 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):