The following lawsuits were filed at the Court of International Trade during the week of Aug. 10-16:
The Customs Rulings Online Search System (CROSS) was updated Aug. 17. The following headquarters rulings were modified recently, according to CBP:
Light-emitting diode tail lights for trucks are classifiable as lighting equipment for motor vehicles under heading 8512, and not as LED lamps of heading 8539, CBP said in a ruling issued months ago but not publicly released on the Customs Rulings Online Search System until Aug. 11. The reference to “lamps” in heading 8539 refers to what would be called bulbs in the U.S., so the tail light assemblies are beyond that heading's scope, CBP said in HQ H301947, issued in January.
CBP will add the ability in ACE for importers to file entries with recently excluded goods in the fourth tranche of Section 301 tariffs on Aug. 20, it said in a CSMS message. The official Office of the U.S. Trade Representative notice for the exclusions was published Aug. 11 (see 2008060008). The exclusions are in subheading 9903.88.55. The exclusions are available for any product that meets the description in the Annex to USTR’s notice, regardless of whether the importer filed an exclusion request. The product exclusions apply retroactively to Sept. 1, 2019, the date the tariffs on the fourth list took effect, and remain in effect until Sept. 1, 2020. The CSMS message also includes a summary of Section 301 duties that shows information on each tranche of tariffs and granted product exclusions.
The Section 232 tariffs on aluminum from Canada (see 2008060065) will return at 12:01 a.m. on Aug. 16, CBP said in a CSMS message posted Aug. 13. Importers of goods subject to the tariffs should report the regular classification as well as “9903.85.21 (10% ad valorem duty rate for non-alloyed unwrought aluminum products of Canada, provided for in subheading 7601.10),” CBP said. Previously granted Section 232 tariff exclusions for aluminum articles from Canada that aren't expired will continue to be valid, it said.
Cheeses from Greece and sweet biscuits from the United Kingdom will no longer be subject to Section 301 tariffs on products from the European Union beginning Sept. 1, while a range of fruit jams and purees from France and Germany will be newly covered by the tariffs on that date, the Office of the U.S. Trade Representative said in a notice released late Aug. 12.
The change in marking requirements for products from Hong Kong doesn't subject the goods to tariffs meant for goods from China, CBP confirmed in a list of frequently asked questions posted to the agency's website Aug. 12. “The change in marking requirements does not affect country of origin determinations for purposes of assessing ordinary duties under Chapters 1-97 of the [Harmonized Tariff Schedule of the U.S.] or temporary or additional duties under Chapter 99 of the HTSUS,” CBP said. “Therefore, goods that are products of Hong Kong should continue to report International Organization for Standardization (ISO) country code 'HK' as the country of origin when required.”
Some “high tech” goods of Chinese origin sent to Mexico for minimal handling and then to the U.S. are eligible for USMCA tariff treatment, CBP said in an Aug. 7 ruling. Jose Fierro, an El Paso, Texas, customs broker, requested the ruling less than a week after USMCA entered into force July 1. The broker said that a client “has contracted with a Mexican maquiladora facility to provide certain logistical services” and inquired whether USMCA treatment would apply.
The change in marking requirements for products from Hong Kong doesn't subject the goods to tariffs meant for goods from China, CBP confirmed in list of frequently asked questions posted to the agency's website Aug. 12.
The Commerce Department made a preliminary affirmative antidumping determination that wood mouldings and millwork from China (A-570-117) is being sold in the U.S. at less than fair value. The agency will impose AD duty cash requirements on entries of subject merchandise from China beginning on Aug. 12.