The Court of International Trade on Feb. 26 issued an amended decision in a customs case on the tariff classification of five categories of chrome-plated plastic automobile parts after initially deciding the case Dec. 18. The new decision adds a discussion of axle covers, the fifth category of goods, finding them to fall under Harmonized Tariff Schedule heading 8708 pursuant to General Rule of Interpretation 1.
Harmonized Tariff Schedule
The Harmonized Tariff Schedule (HTS) is a reference manual that provides 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 the Customs and Border Protection of the Department of Homeland Security is responsible for interpreting and enforcing the HTS.
The Commerce Department issued a notice in the Federal Register on its recently initiated countervailing duty investigations on paper plates from China and Vietnam (C-570-165, C-552-840), and is set to publish a notice in the coming days on its antidumping duty investigations on paper plates from China, Thailand and Vietnam (A-570-164, A-549-849, A-552-839). The CVD investigations on China and Vietnam and the AD investigation on Thailand cover entries for the calendar year 2023. The AD investigations on China and Vietnam cover entries made July 1, 2023, through Dec. 31, 2023.
Robert Stein, former executive at supply chain logistics firm Mohawk Global, has joined Braumiller Consulting Group as vice president, according to his LinkedIn announcement. Stein said he will be working on foreign-trade zone, duty drawback, import/export compliance, Harmonized Tariff Schedule classification, customs valuation and free trade agreement matters.
The following lawsuits were filed at the Court of International Trade during the week of Feb. 12-18:
Importer Trijicon's tritium-powered gun sights are "lamps" and not "apparatus," slotting them under Harmonized Tariff Schedule subheading 9405, the Court of International Trade ruled on Feb. 16. Judge Mark Barnett said the gun sights do not meet definition of "apparatus" put forward by either Trijicon or the government, who respectively defined the term as a set of materials or equipment and a complex device. The court instead found that the products "are readily classified as lamps," which are defined as "any of various devices for producing light."
Georgia woman Skeeter-Jo Stoute-Francois filed suit at the Court of International Trade Feb. 16 to contest six questions on the October 2021 customs broker license exam. In her complaint, Stoute-Francois said that after appealing the test results to the Treasury Department, she was left just short of the 75% grade needed to pass the test, failing at 73.75% (Skeeter-Jo Stoute-Francois v. U.S., CIT # 24-00046).
The following lawsuits were filed at the Court of International Trade during the week of Feb. 5-11:
CBP created Harmonized System Update (HSU) 2403 Feb. 13, containing 590 ABI records and 120 Harmonized Tariff Schedule records. The update includes several partner government agency Harmonized Tariff Schedule flag updates, as well as adjustments required by the verification of the 2024 HTS.
A domestic producer seeks the imposition of new antidumping duties and countervailing duties on melamine from Germany, India, Qatar and Trinidad and Tobago, as well as antidumping duties on melamine from Japan and the Netherlands, it said in petitions filed with the Commerce Department and the International Trade Commission Feb. 14. Commerce will now decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CVD orders and the assessment of AD and CVD on importers.
CBP is extending its Global Business Identifier pilot through Feb. 23, 2027, the agency said in a notice released Feb. 9. CBP is also removing commodity and country of origin limitations on the entries eligible for the test, it said, opening the test up to more participants across a wider range of industries.