CBP Inconsistent in Decision to Not Exclude Certain Entries From Section 301 Tariffs, Importer Says
Importer Generac Power Systems brought on Dec. 20 two complaints to the Court of International Trade alleging CBP, in 2020, applied Section 301 tariffs to multiple of its entries despite excluding “substantially identical” merchandise (Generac Power Systems v. U.S., CIT # 20-03882, -03920).
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The importer said it filed a “series of protests” with CBP over the agency’s classification of its entries as subject to the tariffs. These “were approved,” but, “despite granting protests for identical claims on substantially identical merchandise,” CBP denied the relevant protests that gave rise to Generac’s complaint, the importer said.
It asked the trade court to order its protests granted and the Section 301 tariffs it paid on the merchandise to be refunded.