Newly Released CBP HQ Rulings Jan. 23
The Customs Rulings Online Search System (CROSS) was updated Jan. 23 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):
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H295447: Application for Further Review of Protest Number 520116100046; Aluminum Extrusions from the People’s Republic of China; Antidumping Duties; A-570-967; Countervailing Duties; C-570-968; 19 U.S.C. § 1677g(a); Interest
| Ruling: The protest should be denied. CBP properly liquidated All Points’ entry in accordance with the relevant liquidation instructions from Commerce. |
| Issue: Did CBP liquidate All Points’ entry in accordance with Commerce’s instructions, and if so, was the amount due tendered with the prior disclosure? |
| Item: Aluminum extrusion cleats from China. All Points does not dispute that its entry was subject to AD in case A-570-967 and CVD in case C-570-968 pursuant to the Orders. However, if says that the correct amount of AD and CVD was already paid with the completion of a prior disclosure filed when it was first notified of its error and subsequent tendered check. However, after the prior disclosure and check, Commerce directed CBP to liquidate the relevant entries at the rates it set in an administrative review, and All Points still received a bill from CBP for the for AD interest and CVD with interest. |
| Reason: All Points’ tender, though, didn't include interest and the payment of interest is required by statute. |
| Ruling Date: July 3, 2023 |
H324098: Request for a determination of the right to act as importer of record by Your Special Delivery Services Specialty Logistics
| Ruling: YSDS doesn't have sufficient financial interest in the Wi-Fi components, at the time of entry, to act as importer of record. |
| Issue: Does YSDS have sufficient financial interest in the imported goods, at the time of entry, to act as importer of record based on a security interest in the imported merchandise? |
| Item: YSDS provides logistical consultation services to foreign and domestic shippers. Its client are predominantly Wi-Fi service providers who seek to import various Wi-Fi components such as wireless routers. YSDS is not a licensed customs broker but arranges for the transportation of merchandise from foreign sellers to U.S. buyers. YSDS’s logistical services include damage control, insurance, packing control and service, assisting with export permit applications, offering (brokering) freight insurances, tender to airline-carrier, and final mile delivery. YSDS’s services generally cease when the merchandise is released by CBP, but YSDS may assist in warehousing imported merchandise in some instances. |
| Reason: In no way can YSDS be characterized as an “owner and purchaser” with sufficient financial interest in the goods to act as an importer of record. YSDS has no more than an unspecified “security interest” in the imported goods. There is no evidence that YSDS has a sufficient financial interest in the goods to act as an importer of record. While YSDS may characterize its role in the transaction as seller’s agent, the facts don't give rise to a seller agent role for purposes of determining the right to make entry. YSDS’s role in the transaction closely resembles that of a nominal consignee, who cannot be “owner” or “purchaser,” rather than a seller’s agent. Consequently, YSDS has insufficient financial interest in the Wi-Fi components, at the time of entry, to act as importer of record. |
| Ruling Date: June 5, 2023 |