The Commerce Department failed to consider whether U.S. Steel Corp. had the capacity to fill the aggregate of importer California Steel Industries' Section 232 steel tariff exclusion requests as opposed to just assessing whether U.S. Steel could fill all of them individually, the Court of International Trade held on Nov. 13. Judge M. Miller Baker added that Commerce didn't address its concession that it couldn't timely supply more slab than contracted for with California Steel.
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.
The National Marine Fisheries Service seeks to revise regulations to allow for the streamlining of electronic filing requirements pertaining to the import of fish or fish products, according to a notice of proposed rulemaking in the Federal Register.
CBP has released its Dec. 11 Customs Bulletin (Vol. 58, No. 49), which contains no ruling actions but includes a notice that CBP granted Proctor & Gamble Lever rule protection against importations of certain anti-dandruff shampoo and conditioner products manufactured in Germany that bear the federally registered and recorded “HEAD & SHOULDERS” trademark. It also includes a notice reminding customs brokers that the annual user fee for 2025 is due no later than Jan. 31. Three Court of International Trade slip opinions also are included.
A three-judge panel at the U.S. Court of Appeals for the Federal Circuit told the Court of International Trade that it has now twice wrongly told an importer that its first-sale price method to determine the duty level of its cookware was prohibited.
The U.S. requested a panel under the rapid response mechanism in the USMCA for the third time to investigate a Canadian mining facility located in Mexico. The Office of the U.S. Trade Representative said that the U.S. and Mexico were unable to come to an agreement and so "the United States therefore has determined that it is appropriate to request a panel to verify the facility’s compliance with Mexican labor laws."
The Treasury Department’s recent delegation of its customs revenue functions to DHS “will make the regulatory process much more efficient and ensure everyone has adequate input,” acting CBP Commissioner Troy Miller said in opening remarks at the Commercial Customs Operations Advisory Committee meeting Dec. 11.
CBP issued the following releases on commercial trade and related matters:
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website Dec. 5, 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.
Court-ordered reliquidations aren't actions taken by CBP and can't be protested, the government said in oral arguments held Dec. 6 before the U.S. Court of Appeals for the Federal Circuit. As a result, the Federal Circuit doesn't have jurisdiction to hear Target's appeal of a liquidation ordered by CIT, the U.S. said (Target v. U.S., Fed. Cir. # 23-2274).
Judges at the U.S. Court of Appeals for the Federal Circuit on Dec. 4 questioned importer Nature's Touch Frozen Foods (West) and the government regarding the tariff classification of frozen fruit mixtures. Judge Todd Hughes led the bulk of the questioning, pushing Nature's Touch on how to classify the goods if the court finds that the mixtures aren't food preparations, as claimed by the company, and how they should be classified instead under Harmonized Tariff Schedule heading 0811, which covers certain frozen fruit (Nature's Touch Frozen Foods (West) v. U.S., Fed. Cir. # 23-2093).