The following lawsuits were filed at the Court of International Trade during the weeks of May 29-June 4, June 5-11 and June 12-18:
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.
Hemp wraps for use with non-tobacco legal herbal smoking mixtures are classifiable as "other" vegetable products, CBP said in a recently released ruling. The ruling came in response to an internal advice request, originally initiated over imports of wraps by Crown Distributing. The wraps were described by the requester as lacking tetrahydrocannabinol (THC) and were intended for use only with non-tobacco legal herbal smoking mixtures.
The International Trade Commission recently released Revision 7 to the 2023 Harmonized Tariff Schedule, which added subheadings 9903.81.82, 9903.81.83 and 9903.81.84. The subheading extends exclusions for a variety of derivative Ukrainian iron and steel products, if accompanied by certificates of origin, from 25% Section 232 tariffs under subheadings 9903.80.01 and 9903.80.03 entered after June 1.
The International Trade Commission recently released Revision 6 to the 2023 Harmonized Tariff Schedule, which added subheading 9903.88.68. The subheading extends exclusions for a variety of medical products from 7.5% and 25% Section 301 tariffs under subheadings 9903.88.01, 9903.88.02, 9903.88.03, and 9903.88.15 if entered between June 1 and October 1, 2023, as announced by the U.S. Trade Representative in May (see 2305120054).
Hybrid hydraulic floor jacks are eligible for exclusion from Section 301 duties under Harmonized Tariff Schedule secondary subheading 9903.88.46, CBP headquarters ruled in a recently released ruling. CBP said that the ruling came in response to an application for further review from Costco regarding the applicability of Section 301 tariffs on its imported Arcan 3-ton Professional Grade Hybrid Service Jacks.
Fourteen types of frozen fruit mixtures, five of which contain vegetable ingredients, should be classified under Harmonized Tariff Schedule subheading 0811.90.80 as "other" frozen fruits, dutiable at 14.5%, the Court of International Trade ruled. Judge Stephen Vaden said the merchandise is properly classified under heading 0811 since the term "Fruit ... frozen" describes these goods in whole.
The International Trade Commission recently released Revision 5 to the 2023 Harmonized Tariff Schedule, which extended four COVID-related product exclusions covered by secondary subheading 9903.88.66 until June 1, 2023 (see 2305120054). Those products are currently exempted from additional duties imposed by Section 301 tariffs of 25% under subheading 9903.88.01.
Temperature screening devices that include infrared cameras are properly classified as thermometers rather than digital cameras, other optical appliances, or instruments measuring or checking quantities of heat, CBP found in a recently released headquarters ruling that instructed the port to grant an importer's protest.
Heat-treated forged steel rods imported by ME Global are properly classified in the Harmonized Tariff Schedule as "other bars" not further worked than forged, rather than in the importer's preferred classification as "grinding balls and similar articles for mills," the Court of International Trade ruled in a May 2 decision.
A domestic producer coalition seeks the imposition of new antidumping duties on brass rod from Brazil, India, Israel, Mexico, South Africa and South Korea, as well as new countervailing duties on brass rod from India, Israel and South Korea, it said in petitions filed with the Commerce Department and the International Trade Commission April 27. 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. The American Brass Rod Fair Trade Coalition is listed with Mueller Brass and Wieland Chase as petitioners, but the filing also shows that the coalition consists of Mueller Brass and Wieland Chase, the only two major producers remaining in the U.S.