The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Ben Perkins
Ben Perkins, Assistant Editor, is a reporter with International Trade Today and its sister publications, Trade Law Daily and Export Compliance Daily, where he covers sanctions, court rulings, and other international trade issues. He previously worked as a trade analyst for a Washington D.C. advisory firm. Ben holds a B.A. in English from the University of New Hampshire and an M.A. in International Relations from American University. Ben joined the staff of Warren Communications News in 2022.
The Court of International Trade's March dismissal of a case seeking the collection of over $5.7 million in unpaid duties on passenger vehicle and light truck tires from China was correct because the importer properly revoked its statute of limitations waiver, Katana Racing said in an Oct. 24 brief filed at the U.S. Court of Appeals for the Federal Circuit (United States v. Katana Racing, Fed. Cir. #22-1832).
The Customs Rulings Online Search System (CROSS) was updated Oct. 22 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):
The Customs Rulings Online Search System (CROSS) was updated Oct. 22 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):
CBP erred when it assessed antidumping duties on steel threaded rod to strike pin anchors imported from China, Midwest Fastener said in an Oct. 21 complaint at the Court of International Trade (Midwest Fastener v. U.S., CIT #21-00535). The complaint contests the denial by CBP of Midwest Fastener's protest concerning the assessment of antidumping duties on one entry of strike pin anchors imported from China through the Port of Chicago valued at nearly $17,000. At liquidation, CBP assessed AD at the rate of 206% under case number A-570-932, which covers steel threaded rod from China. Midwest Fastener claims the strike pin anchors do not fall within the scope of the case and were therefore incorrectly assessed. The company has asked the court to order the port director in Chicago to reliquidate the entry without the assessment of AD and to refund the duties assessed on the entry, plus interest.
The practice of providing tariff schedule subheadings for merchandise sold to customers is "customs business," and requires a customs broker license even if a disclaimer is included that the customer shouldn't rely on the classification, CBP determined in a Sept. 29 ruling, released on Oct. 22.
CBP erred when it assessed antidumping duties on steel threaded rod to strike pin anchors imported from China, Midwest Fastener said in an Oct. 21 complaint at the Court of International Trade (Midwest Fastener v. U.S., CIT #21-00535). The complaint contests the denial by CBP of Midwest Fastener's protest concerning the assessment of antidumping duties on one entry of strike pin anchors imported from China through the Port of Chicago valued at nearly $17,000. At liquidation, CBP assessed AD at the rate of 206% under case number A-570-932, which covers steel threaded rod from China. Midwest Fastener claims the strike pin anchors do not fall within the scope of the case and were therefore incorrectly assessed. The company has asked the court to order the port director in Chicago to reliquidate the entry without the assessment of AD and to refund the duties assessed on the entry, plus interest.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Court of International Trade Court Judge Gary S. Katzmann on Oct. 20 granted a motion to stay penalties for 30 days in a case concerning imported drug paraphernalia. Katzmann ruled against the government in a Sept. 21 opinion (see 2209210034).