The U.S. Court of Appeals for the Federal Circuit during oral argument on Sept. 3 strongly questioned the U.S. in a customs case on whether cookware imports from Meyer Corp. qualify for first sale treatment. Judges Sharon Prost, Todd Hughes and Tiffany Cunningham questioned the government's defense of the Court of International Trade's decision to deny Meyer first sale valuation seemingly based on an adverse inference drawn against the company for its failure to submit its parent company's financial information (Meyer Corp. v. United States, Fed. Cir. # 23-1570).
CBP CROSS Rulings
CBP issues binding advance rulings in connection with the importation of merchandise into the United States. They issue the rulings to give the trade community transparency of how CBP will treat a prospective import or carrier transaction. Common rulings include the tariff classification, country of origin, or free trade agreement applicability of merchandise, among other things. These rulings are available in CBP's Customs Rulings Online Search System (CROSS) database.
Digital security cameras mounted as doorbells fall under the Harmonized Tariff Schedule heading governing TV cameras and video camera recorders, according to three separate CBP rulings issued June 21 and publicly released last week.
The House of Representatives will not be voting on a de minimis restriction as part of its "China week," according to a list of 31 bills published by its leadership Sept. 3. House Speaker Mike Johnson, R-La., had said in July that he expected changes to de minimis to be part of the package (see 2407080049).
USDA’s Agricultural Marketing Service is unlikely to extend once more the deadline for filing certificates in ACE on all entries of organic products, an official of the program said Aug. 29 during a webinar on the AMS’ national organic program, hosted by the Los Angeles Customs Brokers & Freight Forwarders Association.
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website Aug. 28, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.
CBP has released its Aug. 28 Customs Bulletin (Vol. 58, No. 34). The bulletin includes two decisions, one on the extension of import restrictions imposed on certain archaeological material of Algeria and the other on the tuna tariff-rate quota for calendar year 2024.
Licensed customs brokers should expect to hear soon what the revised continuing education requirements will be to keep their customs broker licenses up to date.
CBP issued the following releases on commercial trade and related matters:
CBP will grant Lorte Technologies, Inc.'s protest on the tariff classification of its pulse oximeters from China, according to a June 18 decision posted by CBP on Aug. 19. The agency ruled that, even though part of the pulse oximeters could fall under the classification for tachometers, considering the whole instrument would place the oximeters under a different classification category for medical instruments.
As uncertainties loom over when the work stoppage at two of Canada's major freight railways will be resolved, CBP officials told the trade community to keep communication lines open with receiving ports so that CBP staff at the port are able to handle any diverted cargo.