A medical supply company that imports surgery kits that contain unopened sub-kits manufactured by different unaffiliated suppliers must individually list the components in the sub-kits on its CBP Form 7501, said CBP headquarters in a ruling HQ H190656 issued in response to a request for internal advice from the Port of Laredo. According to the ruling, issued July 21, Medline Industries must also provide details required on Form 7501 for the sub-kits required on Form 7501. CBP also found that the surgery kits are classifiable as “goods put up in sets for retail sale” at the tariff number of the component providing them with their essential character.
Brian Feito
Brian Feito is Managing Editor of International Trade Today, Export Compliance Daily and Trade Law Daily. A licensed customs broker who spent time at the Department of Commerce calculating antidumping and countervailing duties, Brian covers a wide range of subjects including customs and trade-facing product regulation, the courts, antidumping and countervailing duties and Mexico and the European Union. Brian is a graduate of the University of Florida and George Mason University. He joined the staff of Warren Communications News in 2012.
The following lawsuits were filed at the Court of International Trade during the week of Oct. 6-12:
A rubber and cotton corset imported by Squeem Corp. is classifiable in the tariff schedule as a garment of knit fabric, said CBP in ruling HQ H170635 issued Aug. 1. In its ruling, CBP headquarters overruled the Port of Tampa, finding the corset should not be classified under the tariff provision for cotton “brassieres, girdles, corsets … and similar articles.”
The Department of Agriculture's Commodity Credit Corporation announced Special Import Quota #9 for upland cotton that will be established on Oct. 16, allowing importation of 14,741,821 kilograms (67,709 bales) of upland cotton. It will apply to upland cotton purchased not later than Jan. 13, 2015, and entered into the U.S. by April 13, 2015. The quota is equivalent to one week's consumption of cotton by domestic mills at the seasonally-adjusted average rate for the period March through May, the most recent three months for which data are available.
The Commerce Department issued its final affirmative countervailing duty determination on non-oriented electrical steel from China (C-570-997). Although this final determination takes effect Oct. 14, suspension of liquidation has been lifted for all entries on or after July 23, and Commerce will only require CV duty cash deposits on future entries if it issues a CV duty order.
The Commerce Department issued its final determination in the antidumping duty investigation on non-oriented electrical steel from Japan (A-588-872). The agency will refund retroactive cash deposits it collected on all Japanese exporters except JFE Steel and Sumitomo, after partially reversing its finding of critical circumstances. This final determination is effective Oct. 14.
The Federal Trade Commission issued a final rule in mid-September that includes the Internet under regulations governing the sale of merchandise by phone or mail. Under the Mail or Telephone Order Merchandise Rule, a seller cannot solicit mail or telephone order sales unless it can ship the merchandise within 30 days. The FTC’s final rule clarifies that Internet sales must also follow the Rule. The final rule also changes the time limit for issuing refunds to seven days, unless original payment was made on a credit card issued by the retailer. The changes take effect Dec. 8.
The Commerce Department issued its final determination in the antidumping duty investigation on non-oriented electrical steel from Germany (A-428-843). This final determination is effective Oct. 14.
No countervailing duty order will be issued, and no CV duties will be imposed, on imports of non-oriented electrical steel from South Korea (C-580-873), said the Commerce Department in its final determination. The agency continued to find that South Korean companies did not receive illegal subsidies, calculating de minimis CV duty rates for all companies under review. No CV duty cash deposit requirement is currently in place for NOES from South Korea, because Commerce also found no illegal subsidization in the preliminary determination it issued in March.
The Commerce Department issued its final countervailing duty determination on non-oriented electrical steel from Taiwan (C-583-852). Commerce continued to find China Steel Corporation and its affiliates did not receive illegal subsidies, so the China Steel group will be exempt from any CV duty order. For all other Taiwanese companies, suspension of liquidation (and CV duty liability) is currently not in effect for entries on or after July 23, but Commerce will require cash deposits of estimated CV duties on future entries if it issues a CV duty order.