The U.S. Court of Appeals for the Federal Circuit on March 7 said that importer RKW Klerks' net wraps products, used in a machine to bale harvested crops, are not "parts" of harvesting machinery under the Harmonized Tariff Schedule. Judges Richard Taranto, Raymond Chen and Tiffany Cunningham thus sided with CBP's classification of the products as "warp knit fabric," dutiable at 10% under HTS subheading 6005.39.00.
The following lawsuits were filed at the Court of International Trade during the week of Feb. 26 - March 3:
Whole garlic cloves in brine imported from China by Roland Goods aren't subject to an antidumping duty order on fresh garlic from China, the Commerce Department said in a March 1 scope ruling.
The Court of International Trade on Feb. 26 issued an amended decision in a customs case on the tariff classification of five categories of chrome-plated plastic automobile parts after initially deciding the case Dec. 18. The new decision adds a discussion of axle covers, the fifth category of goods, finding them to fall under Harmonized Tariff Schedule heading 8708 pursuant to General Rule of Interpretation 1.
Importer Trijicon's tritium-powered gun sights are "lamps" and not "apparatus," slotting them under Harmonized Tariff Schedule subheading 9405, the Court of International Trade ruled on Feb. 16. Judge Mark Barnett said the gun sights do not meet definition of "apparatus" put forward by either Trijicon or the government, who respectively defined the term as a set of materials or equipment and a complex device. The court instead found that the products "are readily classified as lamps," which are defined as "any of various devices for producing light."
Georgia woman Skeeter-Jo Stoute-Francois filed suit at the Court of International Trade Feb. 16 to contest six questions on the October 2021 customs broker license exam. In her complaint, Stoute-Francois said that after appealing the test results to the Treasury Department, she was left just short of the 75% grade needed to pass the test, failing at 73.75% (Skeeter-Jo Stoute-Francois v. U.S., CIT # 24-00046).
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."
The International Trade Commission posted the 2024 Basic Edition of the Harmonized Tariff Schedule. The new HTS implements the restoration of AGOA benefits for Mauritania and their removal for the Central African Republic, Gabon, Niger and Uganda, as well as a lengthy list of 10-digit-level changes for fruits and vegetables, chemicals, medicaments and recycled aluminum. Changes were effective as of Jan. 1 unless otherwise noted.
The International Trade Commission posted the 2024 Basic Edition of the Harmonized Tariff Schedule. The new HTS implements the restoration of AGOA benefits for Mauritania and their removal for the Central African Republic, Gabon, Niger and Uganda, as well as a lengthy list of 10-digit-level changes for fruits and vegetables, chemicals, medicaments and recycled aluminum. Changes were effective as of Jan. 1 unless otherwise noted.
Action camera maker GoPro Inc.'s camera housings are camera parts and not cases, the Court of International Trade ruled Dec. 28, allowing them to enter the U.S. duty-free.