CBP created Harmonized System Update (HSU) 2402 Feb. 2, containing 3,519 ABI records and 519 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.
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 Committee for the Implementation of Textile Agreements is adding several types of nylon dobby weave fabric to the "short supply list" in Annex 3.25 of the Dominican Republic-Central America Free Trade Agreement for items not commercially available in a timely manner, it said in a notice. Powers Manufacturing Company, which does business as Powers Athletic, requested the additions in December. The fabrics, classifiable under Harmonized Tariff Schedule subheadings 5407.43.2030 and 5407.42.2060, are being added in unrestricted quantities. Under short supply provisions of CAFTA-DR, fibers, yarns and fabrics listed in Annex 3.25 are provided with tariff preferences under the trade agreement.
CBP ruled that the Caper Cart, a "'smart' shopping cart" imported by Instacart, is classified as a vehicle under Harmonized Tariff Schedule heading 8716. The agency said in a customs ruling released Jan. 12 that the cart is "essentially" a manually propelled vehicle that transports goods and functions as a cart, regardless of whether the electronic payment features and point-of-sale system are on the cart.
The Court of International Trade on Jan. 30 said that for drawback purposes the 10-digit Harmonized Tariff Schedule subheadings should be read starting with their directly adjacent text and not the superior indented text. Judge Claire Kelly said the "plain meaning" of the statute governing substituted unused merchandise drawbacks refers to the "words describing the article adjacent to the 10-digit number."
The following lawsuits were filed at the Court of International Trade during the week of Jan. 22-28:
A domestic producer coalition seeks the imposition of new antidumping duties on paper plates from China, Thailand and Vietnam, as well as new countervailing duties on paper plates from China and Vietnam, it said in petitions filed with the Commerce Department and the International Trade Commission Jan. 24. 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. The American Paper Plate Coalition, consisting of AJM Packaging, Aspen Products, Dart Container, Hoffmaster Group, Huhtamaki Americas and Unique Industries, filed the petition.
The antidumping and countervailing duty orders on wooden cabinets and vanities from China covers cabinets and vanities made from phragmites, a type of reed, the Commerce Department said in a Jan. 12 scope ruling that found merchandise exported by Nanjing Kayling subject to AD/CVD.
The Commerce Department issued notices in the Federal Register on its recently initiated antidumping duty investigations on glass wine bottles from Chile, China and Mexico (A-337-808, A-570-162, A-201-862), and its countervailing duty investigation on glass wine bottles from China (C-570-163). The CVD investigation covers entries for the calendar year 2022. The AD investigations on Chile and Mexico cover entries Oct. 1, 2022, through Sept. 30, 2023, and the AD investigation on China covers entries April 1, 2023, through Sept. 30, 2023.
The Court of International Trade on Jan. 19 granted a joint motion that results in duty-free treatment for swimsuits reimported by SGS Sports under Harmonized Tariff Schedule subheading 9801.00.20. The ruling avoids a bench trial over whether the swimsuits qualify for the subheading as U.S. goods returned to the country.
The Office of the U.S. Trade Representative is amending an exclusion from Section 301 tariffs to align it with recent changes to the relevant Harmonized Tariff Schedule subheading (see 2401020049). The change affects the exclusion under U.S Note 20(ttt)(iii)(27) to subchapter III of Chapter 99, which had covered goods of subheading 2929.90.5090 and now covers goods of subheading 2929.90.5095 for entries on or after Jan. 1.