CAFC Reverses Ford Decision on Tariff Engineering
The Court of Appeals for the Federal Circuit on June 7 reversed a lower court decision that found Ford’s use of tariff engineering legitimate to secure a lower duty rate on its imported cargo vans. CAFC held that, while post-importation…
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activities such as the removal of passenger seats are irrelevant to classification, the relevant tariff subheading for “vehicles principally designed for the transport of persons” suggests some consideration of use. The van’s design features, including shoddy passenger seats, suggest they are intended for use as cargo vans of heading 8704, and subject to a higher duty rate, the Federal Circuit said.