Importer Fine Emeralds will get refunds for duties paid on its rough, unworked emerald stones, the company announced in a stipulated judgment filed on Dec. 9 at the Court of International Trade. While the emeralds were assessed 10.5% duties under Harmonized Tariff Schedule subheading 7103.10.40, the government agreed to classify the products under subheading 7103.10.20, free of duty. Fine Emeralds' preferred subheading covers uncorked precious stones (Fine Emeralds v. U.S., CIT # 20-03928).
The Commerce Department is setting new countervailing duty cash deposit requirements for imports of low speed personal transportation vehicles from China (C-570-177), after finding subsidization of Chinese producers in the preliminary determination of a CVD investigation. Suspension of liquidation and cash deposit requirements generally take effect Dec. 6, but Commerce is making the suspension of liquidation and CVD cash deposits retroactive to Sept. 7 for some Chinese companies.
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).
Suspension of liquidation and countervailing duty cash deposit requirements take effect Dec. 3 for imports of brake drums from China (C-570-175) and Turkey (C-489-854), after the Commerce Department found countervailable subsidization in preliminary determinations in its ongoing CVD investigations.
The following lawsuits were filed at the Court of International Trade during the weeks of Nov. 18-24 and Nov. 25 - Dec. 1:
CBP is banning imports of aluminum extrusions and profile products made by Kingtom Aluminio S.R.L., after finding the use of forced labor at the company’s factory in the Dominican Republic. The agency’s forced labor finding means “aluminum extrusions and profile products and derivatives produced or manufactured wholly or in part by Kingtom Aluminio” using aluminum goods of Chapter 76 of the tariff schedule will be detained beginning Dec. 4, as will any such goods that have already been imported but not yet released from CBP custody by that date.
CBP has determined that Kingtom Aluminio's aluminum extrusions were produced or manufactured using forced labor, the agency said in a notice. The determination applies to any merchandise imported on or after Dec. 4, as well as any merchandise that has been imported into the U.S. but has not been released from CBP custody.
In the Nov. 27 Customs Bulletin (Vol. 58, No. 47), CBP published proposals to modify or revoke ruling letters concerning MTD Cub Cadet utility vehicles and external defibrillators and their components.
CBP created Harmonized System Update 2419 on Nov. 29, containing 6,479 Automated Broker Interface (ABI) records and 1,487 Harmonized Tariff Schedule records. HSU 2419 includes the AL1 tariff flag for Phase VII of the Lacey Act provisions for certain imported plant and wood products, effective Dec. 1 (see 2409200018). The HSU also reflects the completion of the flagging updates to 1700 HTS codes to remove the AM7 flag. This removal process started Oct. 18 and is now complete.
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).