The Transportation Department doesn't have "vested authority" to determine whether to admit entries of goods based on whether they comport with federal safety standards, the Court of International Trade held on Oct. 30. Judge Lisa Wang said that, as a result, CBP has the relevant admissibility authority and the trade court can hear the case.
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.
A new proposed rule from the Census Bureau could change how the agency regulates in-transit shipments that travel through the U.S. from foreign countries before being exported to another foreign destination.
The following lawsuits were filed at the Court of International Trade during the week of Oct. 21-27:
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
Automakers, chipmakers and broad business groups asked the Bureau of Industry and Security to give their industries more time to adjust to new requirements to move supply chains out of China and report on what companies are in their connected vehicle supply chains.
CBP recently held that a teleprompter base is properly classified as an article of aluminum rather than as a part of an electrical machine, upholding an August 2022 ruling after an importer requested reconsideration.
CBP has released its Oct. 23 Customs Bulletin (Vol. 58, No. 42), which contains no rulings. It does include three decisions from the U.S. Court of Appeals for the Federal Circuit and seven slip opinions from the U.S. Court of International Trade.
Rope-coiled decorative baskets imported by Kohl's are generally classified as made-up textile articles, rather than as ropes, and an especially large version of one of the baskets is big enough to be classified as furniture, CBP said in a Sept. 27 customs ruling.
The U.S. Court of Appeals for the Federal Circuit on Oct. 23 ruled that steel tubing with insulating material imported by Shamrock Building Materials is classifiable as steel tubes of heading 7306, rather than insulated conduit of heading 8547, subjecting the steel tubing to 25% Section 232 tariffs.
Importers of wooden cabinets and vanities from Malaysia and Vietnam that want to file a certification to avoid antidumping and countervailing duties don’t need to file a post-summary correction to do so, the Commerce Department said in a correction to a notice issued in July. Instead, importers should upload such certifications to CBP’s Document Image System (DIS), it said in a notice released Oct. 22.