CBP ruled that the Caper Cart, a "'smart' shopping cart" imported by Instacart, is classified as a vehicle under Harmonized Tariff Schedule heading 8716. The agency said in a customs ruling released Jan. 12 that the cart is "essentially" a manually propelled vehicle that transports goods and functions as a cart, regardless of whether the electronic payment features and point-of-sale system are on the cart.
CBP has released its Jan. 31 Customs Bulletin (Vol. 58, No. 04). While it contains recent court decisions, no customs rulings are included.
An analysis of how the stricter rule of origin for auto imports has been implemented -- including the unprecedented labor value content element -- praised coordination among the Office of the U.S. Trade Representative, the Labor Department, CBP and other agencies with expertise, but noted that final regulations have been held up because the U.S. has not reached a final resolution in the dispute it lost at a USMCA panel.
The following lawsuits were filed at the Court of International Trade during the week of Jan. 22-28:
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website Jan. 29, 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.
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.
The Court of International Trade on Jan. 30 said that for drawback purposes the 10-digit Harmonized Tariff Schedule subheadings should be read starting with their directly adjacent text and not the superior indented text. Judge Claire Kelly said the "plain meaning" of the statute governing substituted unused merchandise drawbacks refers to the "words describing the article adjacent to the 10-digit number."
Old leather sold at fair market value by a U.S. importer doesn't count as an "assist" for customs valuation purposes, CBP said in a recent ruling. CBP said the imported merchandise would only have constituted an assist if it was sold "free of charge or at reduced cost," ruling that sales made at “fair market value” are neither.
CBP ruled that it provided adequate notice of its extension of liquidation for entries bonded by Pennsylvania National Mutual Casualty Insurance Company that it had found subject to antidumping and countervailing duties, the agency said in a recent ruling. CBP found that there was no requirement to provide anything other than a notice beyond posting the notice on its website, and the courtesy notice provided for under the agency's regulations is not required.
The antidumping and countervailing duty orders on wooden cabinets and vanities from China covers cabinets and vanities made from phragmites, a type of reed, the Commerce Department said in a Jan. 12 scope ruling that found merchandise exported by Nanjing Kayling subject to AD/CVD.