The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Ben Perkins
Ben Perkins, Assistant Editor, is a reporter with International Trade Today and its sister publications, Trade Law Daily and Export Compliance Daily, where he covers sanctions, court rulings, and other international trade issues. He previously worked as a trade analyst for a Washington D.C. advisory firm. Ben holds a B.A. in English from the University of New Hampshire and an M.A. in International Relations from American University. Ben joined the staff of Warren Communications News in 2022.
The government can seek reclassification of an importer's merchandise in court at a higher duty rate, even when CBP did not previously pursue the rate increase against the importer, DOJ said in March 15 brief in support of its counterclaim in a tariff classification suit brought by Cyber Power -- which says the counterclaim sets a dangerous precedent (Cyber Power Systems (USA) Inc. v. United States, CIT #21-00200).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Imported net wrap should be classified in Harmonized Tariff Schedule heading 8433 as part of harvesting machinery under subheading 8433.90.50 or agricultural machinery under heading 8436, rather than as textile material under heading 6005, RKW Klerks said in a motion filed March 15 at the Court of International Trade. RKW argued that the imported netwrap is "only used in harvesting machinery to produce round bales of hay, silage and fodder," a function that is "fixed with certainty at the time of importation" (RKW Klerks Inc. v. United States, CIT #20-00001).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
A nitrogen oxide sensor probe for diesel engines should be classified as an instrument of chemical analysis under Harmonized Tariff Schedule heading 9027, rather than an instrument of measurement under heading 9026, DOJ said in a brief filed March 8 at the Court of International Trade. DOJ argued that the probe's function falls within the definition of "chemical analysis" and that the sensor itself includes design features that meet plain language definitions of chemical analysis.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
A Mexican factory that was shut down by the government doesn't need to include costs incurred during the time it was inoperative in the parent company's computed value calculations, CBP said in a newly released Jan. 7 ruling. The facility, which is owned by Chamberlain, was shut down in March 2020 by state authorities in Sonora, Mexico, as part of an emergency decree closing all nonessential businesses in response to COVID-19. CBP's ruling hinged on the fact that the costs incurred during the time of the government-mandated shutdown were "not employed in the production of the imported merchandise."
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP recently ruled that imports of men's suits from an Italian parent company to its related U.S. importer didn't qualify for first sale treatment. In a ruling issued Jan. 4 and released March 7, the agency said that transactions between factory and parent company and between parent company and importer don't qualify as "sales" and that the transaction value between the importer and its U.S. customers should instead be used to value the merchandise. The ruling followed a request for internal advice from the CBP Validation and Compliance Division as to how to correctly appraise the suits.