The Court of International Trade properly classified knit gloves under Harmonized Tariff Schedule heading 6116, the U.S. argued in a Nov. 7 reply brief at the U.S. Court of Appeals for the Federal Circuit. The heading provides for "[g]loves, mittens and mitts, knitted or crocheted" and is "sufficiently broad" to include knit gloves. The plaintiff-appellant, Magid Glove, puts forth a host of "inconsistent and unpersuasive arguments" to vie for classification under HTS heading 3926, which provides for "[o]ther articles of plastics," the brief said (Magid Glove & Safety Manufacturing Co. v. United States, Fed. Cir. #22-1793).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Customs Rulings Online Search System (CROSS) was updated Nov. 4 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
Spirulina Blue Colour is a "binder for foundry molds" for tariff purposes rather than a microorganism or animal product, according to an Aug. 26 CBP headquarters ruling, HQ H324168. The product at issue is Spirulina Blue, a water-soluble, coloring powder that ranges from light greenish blue to dark blue. Made in China, it's sold to food manufacturers for use in the beverage, confectionary, dairy, nutraceutical and pet food industries, according to Calico Food Ingredient. The product is said to “enhance immunity” and have “anti-inflammatory, anti-oxidant, and anti-cancer effects.” The powder originates with spirulina, a one-cell algae from which the blue color phycocyanin is extracted. The ingredients in the CA2786 Spirulina Blue Colour are composed of 50%-55% phycocyanin from China, 45%-50% trehalose from Japan, and 5% sodium citrate from China. The trehalose is meant to protect the protein and the sodium citrate is meant to adjust the PH and can protect the color.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade dismissed four tariff classification cases brought by importer Continental Automotive Systems, in a Nov. 3 order. The actions concerned the classification of nitrous oxide sensors or exhaust sensors. CBP classified the merchandise under Harmonized Tariff Schedule subheading 9027.10.20 (1.2% in 2016, 0.8% in 2017). Continental said it instead should have been classified under subheading 9026.80.20, free of duty. Continental filed the stipulation of dismissal without explanation as to why the cases were tossed (Continental Automotive Systems v. United States, CIT #s 17-00106, 17-00263, 18-00096, 18-00237).
Selective Cushioning Units (SCUs) are products of Mexico due to their complex assembly, not products of China subject to Section 301 duties, Strato argued in a Nov. 3 complaint to the Court of International Trade (Strato, Inc., v. U.S., CIT #22-00315).
The following lawsuits were recently filed at the Court of International Trade: