The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:
Very few businesses testified at a live hearing May 6 on the tariff targets for the United Kingdom, Italy, Spain and Austria, in response to those countries' digital services taxes, but dozens of firms and trade groups submitted comments to the Office of the U.S. Trade Representative.
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The Customs Rulings Online Search System (CROSS) was updated May 4 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 following lawsuits were recently filed at the Court of International Trade:
CBP saw a record 38 million Type 86 entries in April, said Jim Swanson, CBP director-cargo and conveyance security and controls, who was speaking virtually to the National Customs Brokers & Forwarders Association of America conference on May 5. That's still not capturing the full scope of small packages that come into the U.S. under de minimis, which tops 600 million.
Four of the biggest Trade Act Section 301 litigation plaintiffs are among the first to get their cases automatically stayed and unassigned to the U.S. Court of International Trade’s three-judge panel, under an April 28 administrative order signed by Chief Judge Mark Barnett (see 2104290002). LG Energy Solution sued (in Pacer) Tuesday to get the List 4A tariffs on Chinese imports vacated, as did Cisco (in Pacer) Monday, while complaints from Chrysler parent FCA (in Pacer) Monday and Tesla (in Pacer) Friday seek to have the Lists 3 and 4A tariffs overturned. Though the court stayed the roughly 3,700 complaints after designating the first-filed HMTX-Jasco litigation as the sample case in the massive litigation, it continued assigning new cases to the three-judge panel Barnett shares with Judges Claire Kelly and Jennifer Choe-Groves. But Barnett expressed worry during an April 26 status conference that a future case would create a conflict requiring one or more of the judges to recuse themselves. Ironies abound in the case LG Energy Solution filed against the government. LG and rival electric-vehicle battery manufacturer SK Innovation were embroiled in a trade secrets fight at the International Trade Commission, when U.S. Trade Representative Katherine Tai helped broker a compromise that settled the dispute in mid-April (see 2104150058). Yet LG’s Section 301 complaint names Tai as a defendant because her agency continues to supervise the tariffs on Chinese imports originally imposed in the Trump administration under her predecessor, Robert Lighthizer. Akin Gump, which represents HMTX-Jasco in the sample case, filed on LG’s behalf.
The following lawsuits were recently filed at the Court of International Trade:
The Customs Rulings Online Search System (CROSS) was updated May 4. The following headquarters rulings were modified recently, according to CBP:
The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York: