CBP created Harmonized System Update (HSU) 2227 Sept. 19, containing 75 ABI records and 18 Harmonized Tariff Schedule records. The changes involve an adjustment of the optional column one country HTS pairings when the country of origin is Russia, it said in a CSMS message.
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.
CBP reminded importers that all blanched peanuts, whether wet-blanched or dry-blanched, should be classified under tariff schedule heading 1202, in a CSMS message sent Sept. 16. Though wet-blanched peanuts are not specifically named in heading 1202, the separate breakout for dry-blanched peanuts was included only for “rate neutrality,” and set blanched peanuts are then classified as "other" under the 1202 Harmonized Tariff Schedule heading, CBP said. “Therefore, all blanched peanuts moved from heading 2008 to heading 1202” in the HTS update that took effect Jan. 1 (see 2201100060). CBP said USDA requested the clarification.
The following lawsuits were filed at the Court of International Trade during the week of Sept. 5-11:
The U.S. Court of Appeals for the Federal Circuit in a Sept. 6 opinion said that the Court of International Trade was right to dismiss a suit from two importers seeking to retroactively apply Section 301 tariff exclusions, for lack of subject matter jurisdiction since a protest with CBP was not filed. The trade court held that it did not have jurisdiction under Section 1581(i), the court's "residual" jurisdiction, since the court would have had jurisdiction under Section 1581(a) had the importers, ARP Materials and Harrison Steel Castings, filed protests with CBP. The Federal Circuit agreed, holding that the true nature of the suit contests CBP's assessment of the duties and not the Office of the U.S. Trade Representative's exclusions, necessitating a protest.
CBP created Harmonized System Update (HSU) 2225 Aug. 30, containing 176 ABI records and 35 Harmonized Tariff Schedule records. The changes involve tariff flag indicators for the Animal and Plant Health Inspection Service (APHIS) Core message set, it said in a CSMS message.
The following lawsuits were filed at the Court of International Trade during the weeks of Aug. 15-21 and 22-28:
CBP created Harmonized System Update (HSU) 2224 Aug. 18, containing 155 ABI records and 33 Harmonized Tariff Schedule records. The changes involve tariff flag indicators for the Animal and Plant Health Inspection Service (APHIS) Core message set, it said in a CSMS message.
Inconsistent documentation cost a manufacturer of plastic pallets, trays and lids duty-free treatment on returned items, CBP said in a June 13 HQ ruling addressed to the Automotive and Aerospace Center of Excellence and Expertise, directing it to deny a protest by ZF TRW Canada (ZF).
CBP created Harmonized System Update (HSU) 2223 Aug. 12, containing 1,062 ABI records and 196 Harmonized Tariff Schedule records. The changes involve updates to United Kingdom aluminum tariff rate quotas, it said in a CSMS message.
The Court of International Trade agreed with the government that a nitrogen oxide sensor probe for diesel engines should be classified as an instrument of chemical analysis under Harmonized Tariff Schedule heading 9027, rather than an instrument of measurement under heading 9026 (Continental Automotive Systems, Inc. v. U.S., CIT #18-00026). In an Aug. 12 opinion, Judge Jane Restani ruled in favor of the government's March 8 cross-motion for summary judgment (see 2203140007).