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.
The Federal Maritime Commission needs cooperation from the trade and logistics community to engage in meaningful enforcement, FMC Chairman Daniel Maffei said. Speaking last week at the annual National Customs Brokers & Forwarders Association of America conference, Maffei said that he has been frustrated that "a lot of people expect the FMC to intervene on the side of small shippers" and don't understand the limits of the commission's authority.
A contract clause between the middleman and the final customer is not proof of a bona fide sale for the purposes of determining whether a transaction is eligible for first sale treatment, CBP said in a recent ruling. Merely citing the clause within a contract does not provide actual proof of the facts of that sale or whether risk of loss and title actually transfer to the middleman before it entered into the transaction with the importer, CBP said in the Feb. 18 ruling, released by the agency April 26. The ruling was a response to an application for further review by Woodcraft Supply LLC, which contests CBP's denial of its first sale valuation of imported merchandise.