CBP created Harmonized System Update (HSU) 2113 Nov. 23, containing 2,552 Automated Broker Interface records and 619 Harmonized Tariff Schedule records, it said in a CSMS message. The update includes changes to reflect short-term and long-term extensions on exclusion from Section 301 tariffs for goods used in treating COVID-19 (see 2111100037). Eighteen COVID-19 exclusions that were extended through Nov. 30 will expire after that (see 2111170070). The update also includes changes related to reporting the country of origin for clock and watch parts (see 2111080028). CBP said it also recently created HSU 2112 with 124 ABI records and 27 HTS records.

The Court of International Trade, noting an impasse on a key jurisdictional question in a customs case in a Nov. 22 letter, gave the litigants 30 days to work out a solution on how best to proceed. Acknowledging the legitimacy of both sides' jurisdictional claims, Judge Jane Restani said that if the parties fail to resolve the matter in 30 days, then the plaintiff, FD Sales Company, has 10 days to amend its complaint (FD Sales Company LLC v. United States, CIT #21-00224).

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The U.S. will not impose 25% tariffs on 26 tariff headings from India, which had about $119 million of exports to the U.S. in those categories in 2019, over India's digital services tax, the Office of the U.S. Trade Representative said Nov. 24.

The following lawsuits were recently filed at the Court of International Trade:

The Court of International Trade should dismiss a challenge of CBP's alleged failure to issue full Section 301 refunds for lack of jurisdiction since the case was untimely filed, the Department of Justice argued in a Nov. 19 brief. Plaintiff FD Sales' rebuttal says that the 180-day deadline to file a case that runs from a protest denial does not apply in this case since CBP did not actually deny the protest, but that the protest can be considered denied in part due to CBP's failure to give the full refund. DOJ countered, in the case's most recent brief, that this argument must be rejected since it is "undisputed" that FD Sales filed its summons more than 180 days after the date of the decision (FD Sales Company LLC v. United States, CIT #21-00224).

The following lawsuits were filed at the Court of International Trade during the week of Nov. 15-21:

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The Office of the U.S. Trade Representative said that since Turkey agreed to remove its digital services taxes before the international tax agreement takes effect, "the United States will terminate the currently-suspended additional duties on goods of Turkey that had been adopted in the DST Section 301 investigation." The goods that could have been targeted with additional 25% tariffs were in 32 subheadings, and there was more than $300 million worth of the products imported from Turkey in 2019 (see 2106020047).

The Customs Rulings Online Search System (CROSS) was updated Nov. 18 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):