Brandon Chen, who took the April 2022 customs broker license exam, appealed the final results of his exam to the Court of International Trade, contesting 11 questions that CBP denied him credit for. Filing a complaint at the trade court on Nov. 25, Chen noted that he is only two correct answers away from a passing score of 75% (Brandon Chen v. U.S., CIT # 24-00208).
Harmonized Tariff Schedule
The Harmonized Tariff Schedule (HTS) provide classification provisions and duty rates for almost every item that exists. It is a system of classifying and taxing all goods imported into the United States. The HTS is based on the international Harmonized System, which is a global standard for naming and describing trade products, and consists of a hierarchical structure that assigns a specific code and rate to each type of merchandise for duty, quota, and statistical purposes. The HTS was made effective on January 1, 1989, replacing the former Tariff Schedules of the United States. It is maintained by the U.S. International Trade Commission, but CBP is responsible for interpreting and enforcing the HTS.
House Select Committee on China Chairman Rep. John Moolenaar, R-Mich., proposes increasing tariffs on nearly all Chinese goods to at least 35% and raising tariffs on "strategic goods" to 100%, with exceptions only for goods that are currently sourced only from China.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 4-10:
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.
CBP seeks comments by Dec. 23 on upcoming data requirements for filings regarding seafood and diamonds required by a ban on imports of these products from Russia. Submitted comments will be included with CBP’s request for approval of the information collection that it will soon send to the Office of Management and Budget.
The Agricultural Marketing Service will remove flags from about 1,700 Harmonized Tariff Schedule codes in ACE that had previously indicated potential organic filing requirements, CBP said in a CSMS message Oct. 17. The USDA agency’s AM7 flag, which indicates tariff codes that may be subject to AMS organic program filing requirements, will no longer be associated with the HTS codes in Chapters 53-94 of the tariff schedule.
A domestic producer recently filed petitions with the Commerce Department and the International Trade Commission requesting new antidumping duties on granular hexamethylenetetramine, known as hexamine, from China, Germany, India, and Saudi Arabia, as well as countervailing duties on hexamine from China and India. Commerce will now decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CVD orders and the assessment of AD and CVD on importers. Bakelite requested the investigation.
USDA's Animal and Plant Health Inspection Service is making changes to its list of Harmonized Tariff Schedule codes the agency plans to implement Phase VII of the Lacey Act provisions.
When filing unused merchandise drawback claims, companies can select the unit of measure they want to use for calculating per unit averaging where two units of measure are provided on the entry summary, provided that companies keep two conditions, according to a recent CROSS ruling issued by CBP.
The Court of International Trade on Sept. 5 said a CBP headquarters ruling on see-through pop-up tent "pods" that differed in outcome from a previously decided protest didn't require public notice-and-comment because the protest wasn't a "prior interpretive ruling or decision." Judge Timothy Reif dismissed one of importer Under the Weather's counts in its customs classification case on the pods, finding that the prior protest approval wasn't the result of "considered deliberations," didn't have "prospective effect" and wasn't "interpretive."