Timing chain guides used in automotive engines are properly classified in Harmonized Tariff Schedule heading 8409 as parts for use in engines rather than in heading 8708 as parts for motor vehicles, CBP said in a recently released ruling. The ruling came in response to a request for further review of a denied protest on behalf of US Tsubaki Holdings. Tsubaki entered three models of timing chain guides under heading 8409 but CBP liquidated the entries as parts of vehicles.
Harmonized Tariff Schedule
The Harmonized Tariff Schedule (HTS) is a reference manual that provides duty rates for almost every item that exists. It is a system of classifying and taxing all goods imported into the United States. The HTS is based on the international Harmonized System, which is a global standard for naming and describing trade products, and consists of a hierarchical structure that assigns a specific code and rate to each type of merchandise for duty, quota, and statistical purposes. The HTS was made effective on January 1, 1989, replacing the former Tariff Schedules of the United States. It is maintained by the U.S. International Trade Commission, but the Customs and Border Protection of the Department of Homeland Security is responsible for interpreting and enforcing the HTS.
The following lawsuits were filed at the Court of International Trade during the week of Jan. 23-29:
The U.S. Attorney's Office for the Southern District of New York opened and settled a case with vitamin and nutritional supplement importer International Vitamins Corp. (IVC) over the company's misclassification of its products to avoid paying customs duties, the U.S. Attorney's Office announced Jan. 30. IVC will pay $22.87 million to the U.S. and admit to its conduct. The government joined its lawsuit with a whistleblower action filed under seal pursuant to the False Claims Act, the U.S. Attorney's Office said.
CBP found reasonable suspicion that 14 importers evaded antidumping duty orders on thermal paper from Germany and South Korea, and initiated an Enforce and Protect Act investigation and imposed interim measures, according to a Jan. 24 notice.
The Commerce Department issued Federal Register notices on its recently initiated antidumping duty investigations on gas powered pressure washers from China and Vietnam (A-570-148, A-552-008) and a countervailing duty investigation on gas powered pressure washers from China (C-570-149). The agency will determine whether imports of gas powered pressure washers are being sold in the U.S. at less than fair value or are illegally subsidized.
T-connector and tail light converter kits with some Chinese parts don't qualify for preferential tariff treatment under the USMCA, according to a recently released CBP ruling, dated Nov. 15, 2022.
CBP issued the following releases on commercial trade and related matters:
A U.S. manufacturer and a labor union seek the imposition of new antidumping duties on tin mill products from Canada, China, Germany, the Netherlands, South Korea, Taiwan, Turkey and the U.K., as well as new countervailing duties on tin mill products from China, they said in petitions filed with the Commerce Department and the International Trade Commission Jan. 18. Commerce will now decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CVD orders and the assessment of AD and CVD on importers. Cleveland-Cliffs and the United Steelworkers Union filed the petitions.
A recent change to how customs brokers get duty-free certificates for entries under government military contracts will not affect submission of the certificates to CBP, the agency said in a CSMS message. The decommissioning of the Defense Contract Management Agency’s duty-free entry eTool system “has no impact on the submission of duty-free certificates for CBP purposes,” CBP said. Brokers will not have access to the new Procurement Integrated Enterprise Environment (PIEE) that replaces eTool.
Hundreds of companies, as well as trade groups from agriculture, retailers and manufacturing, have told the Office of the U.S. Trade Representative that the Section 301 tariffs on $350 million in Chinese goods have not achieved their aim, have hurt U.S. businesses and, often, have not even moved production to other countries in Asia or to Mexico.