Air fryers are not ovens, and should not be classified as such, air fryer importer Tristar Products argued in its Oct. 20 complaint at the Court of International Trade. Kicking off its classification battle at CIT, Tristar argued that the air fryers don't belong under the Harmonized Tariff Schedule subheading for ovens and should be spared the 25% Section 301 China tariffs levied on ovens (Tristar Products, Inc. v. United States, CIT #21-00563).
The Court of International Trade should reconsider its dismissals of multiple classification lawsuits over LED lamps because the events that resulted in the dismissals constituted "excusable neglect," counsel for Target and other LED importers argued in an Oct. 15 motion. In 10 cases making the classification challenge, the plaintiffs' counsel, John Peterson of Neville Peterson, argued that the plaintiffs' failure to extend the case's stay on the Customs Case Management Calendar "reasonably resulted from events both practical and circumstantial" (Target General Merchandise, Inc. v. United States, CIT #14-00283).
Eleven of the 49 Democratic senators have told U.S. Trade Representative Katherine Tai that the inputs for manufacturing protective gowns and masks and finished masks and surgical gowns should not continue to receive exclusions to Section 301 duties. The previous administration decided that goods needed to respond to the COVID-19 pandemic should not face higher tariffs, but these senators, led by Ohio's Sen. Sherrod Brown and Wisconsin's Tammy Baldwin, argue that domestic manufacturers need the tariff barrier to be competitive.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following lawsuits were recently filed at the Court of International Trade:
The Office of the U.S. Trade Representative announced Oct. 21 that the U.S. will not impose tariffs on goods from European countries over digital services taxes, as those countries have reached a settlement with the Treasury Department about the transition from DSTs to a new approach to taxing multinational firms. The agreement covers suspended tariffs on goods from Italy, Spain, France, the United Kingdom and Austria -- all those proposed tariffs will now be terminated, not just suspended.
The Footwear Distributors and Retailers of America say they know the administration cannot help with the spike in shipping costs, but it could ease inflation by removing Section 301 tariffs on children's shoes. In a letter sent Oct. 19, the group said, "Kids’ shoe prices have now reached the highest in over 70 years, causing massive sticker shock for those who can least afford it. The rising costs we see in the shoe supply chain are a contributing factor for shoe retail price increases. That has been the lead, but the real headline has been buried. Government import taxes now make up 30 percent of the price of certain types of children’s shoes at big box retailers where most working-class families shop."
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following lawsuits were filed at the Court of International Trade during the week of Oct. 11-17:
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