Spent catalysts used for chemical production in China then sent back to the U.S. for reprocessing are not substantially transformed by their use in China, and remain of U.S. origin upon re-importation, CBP said in ruling HQ H323601.
Computed value can be used at the importer's discretion in circumstances where products entered into the U.S. are not for immediate sale and sale information for similar products is unavailable, CBP said in HQ ruling H324385.
In the June 15 Customs Bulletin (Vol. 56, No. 23), CBP published a proposal to revoke a ruling on hot and cold water dispensers.
Some circumstances allow for post-importation price adjustments when determining transaction value, CBP headquarters said in a March 18 ruling, released May 23. The HQ ruling was sent to CBP's Automotive and Aerospace Center of Excellence and Expertise in response to a May 29, 2019, application for further review by an unnamed automotive importer. The importer buys motor vehicles and spare parts from its related parent company and resells them to authorized dealers and other related parties in the U.S.
The Court of International Trade ruled in a May 20 opinion that sales from a Canadian warehouse to U.S. customers are "sales for export to the U.S." rather than "domestic sales," in a May 20 slip opinion by Judge Jennifer Choe-Groves. The opinion granted a Nov. 19 motion for summary judgment by DOJ (see 2111220057) that argued plaintiff Midwest-CBK's sales were exports to the U.S. at the time of sale (Midwest-CBK, LLC v. United States, CIT Consol. #17-00154).
Foam footwear previously barred from entry due to an exclusion order from the International Trade Commission may enter the U.S. following a reexamination by CBP, even though the issue wasn't protestable, CBP said in ruling H323683, released May 16. The ruling was sparked by a Jan. 31 protest by Triple T Trading, which argued its imports of foam footwear should not have been barred from entry.
Imported house wrap, used during construction to protect the properties from water infiltration, should be properly classified as “Woven fabrics of synthetic filament yarn...” under the duty-free heading 5407 rather than as "Textile fabrics impregnated, coated, covered or laminated with plastics" under heading 5903, CBP said in a March 8 ruling.
The International Trade Commission is seeking public interest comments following a final determination by one of its administrative law judges in a Section 337 investigation on polycrystalline diamond compacts (ITC Inv. No. 337-TA-1236). The ITC in a notice released May 12 said the ALJ issued a final determination on March 3 that found "at least one accused product infringes all asserted claims of the Asserted Patents, but those claims are invalid." The commission then decided to review the ALJ's determination and asked for public interest statements on the effects of a possible exclusion order and/or cease and desist orders.
The International Trade Commission is seeking public interest comments following a final determination by one of its administrative law judges in a case concerning portable battery jump starters (ITC Inv. No. 337-TA-1256). The ITC in a notice released May 11 said the ALJ issued a final determination April 29 and recommended a general exclusion order and cease and desist orders. The case followed a Jan. 19, 2021, complaint by NOCO that alleged a long list of companies are manufacturing, importing and selling portable battery jump starters that infringe on NOCO's patent for an improved portable jump-starter incorporating a rechargeable lithium-ion battery and a microcontroller (see 2103220032).
Toasted onion products from China are properly classified under heading 2005 as prepared or preserved onions instead of under heading 0712 as dried onions due to additional processing beyond simple drying, CBP recently ruled.