The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade in an Aug. 1 order granted a joint motion for stipulated judgment, granting refunds to importer Transpacific Steel for Section 232 steel and aluminum duties paid in error. The importer was originally granted three exclusions with the wrong Harmonized Tariff Schedule subheading listed in them. After having its resubmitted exclusion requests denied, Transpacific took to the trade court to seek the exclusions and refunds for the Section 232 duties paid. It received just that following a settlement with the U.S. (Transpacific Steel v. United States, CIT #21-00362).
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 following lawsuits were recently filed at the Court of International Trade:
An amended fraud allegation by the government against Crown Cork & Seal should withstand a motion to dismiss, a July 27 government opposition brief said (United S ork & Seal, USA, Inc., et al., CIT #21-361).
The U.S and importer Target General Merchandise reached a settlement over the proper classification of girl's glitter/fabric ballet shoes, the parties said in a July 26 stipulation of dismissal. The Court of International Trade then order the case be dismissed without providing any details as to the settlement. Target launched its case in 2017, though the matter sat on the customs case management calendar for over four years. The ballet shoes were entered under Harmonized Tariff Schedule subheading 6402.99.41 as oxford height footwear of the slip-on type, dutiable at 12.5%, though CBP liquidated them under subheading 6402.99.49, dutiable at 37.5%. Target, via its October 2021 complaint, laid out its case for the shoes to be classified under this first subheading (Target General Merchandise v. U.S., CIT #17-00007).
The Court of International Trade in a July 27 order denied plaintiff Second Nature Designs' bid for a test case and suspension of another action at the trade court. Judge Gary Katzmann said that the U.S.'s opposition to the motion was denied as moot in light of the court's recent ruling in Cyber Power v. U.S., which found that the government does not have the legal authority to file a counterclaim in a customs case. Following the order, the two cases will continue separately (see 2207200052) (Second Nature Designs v. U.S., CIT #17-00271).
The Customs Rulings Online Search System (CROSS) was updated July 25 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):
The following lawsuits were recently filed at the Court of International Trade: