The Court of International Trade on Dec. 19 declined to grant victory to G&H Diversified Manufacturing on the importer's claims that CBP previously, as part of its role in granting a Section 232 duty exclusion, already said the company's imports were subject to the exclusion. Judge Timothy Reif said open questions of fact still exist with regard to the extent of CBP's role in the exclusion process.
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.
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).
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).
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.