In defense of its motion for summary judgment and opposition to the government’s, an airplane parts importer said Aug. 30 that Harmonized Tariff Schedule heading 8803, which covers “parts of goods” for aircraft or nonpowered aircraft, is more specific than heading 6307, which represents “other made up articles, including dress patterns” in a fabric section (Honeywell International Inc. v. U.S., CIT # 17-00256).
Snapchat’s design and algorithms help sexual predators target children, a lawsuit that New Mexico Attorney General Raul Torrez (D) filed last week argues. The complaint was filed at the New Mexico First Judicial District Court in Santa Fe County (case D-101-CV-202402131). “Our undercover investigation revealed that Snapchat’s harmful design features create an environment where predators can easily target children through sextortion schemes and other forms of sexual abuse,” said Torrez. “Snap has misled users into believing that photos and videos sent on their platform will disappear, but predators can permanently capture this content and they have created a virtual yearbook of child sexual images that are traded, sold, and stored indefinitely.” Snap is reviewing the complaint “carefully, and will respond to these claims in court,” the company said in a statement. “We have been working diligently to find, remove and report bad actors, educate our community, and give teens, as well as parents and guardians, tools to help them be safe online. We understand that online threats continue to evolve and we will continue to work diligently to address these critical issues.”
The U.S. voluntarily dismissed its appeal of a case initially filed by importer Fraserview Remanufacturing to contest the erroneous deemed liquidation of its goods that were subject to suspended liquidation. The Court of International Trade in the case said Fraserview didn't need a protest to file its suit (see 2401250039). The court said that since the statute for deemed liquidation requires that the entries not be suspended, CBP's notices of deemed liquidation didn't operate to actually liquidate the entries. The U.S. appealed the decision but dropped the matter in a joint stipulation on Sept. 5 (Fraserview Remanufacturing v. United States, Fed. Cir. # 24-2049).
Importer Solid State Logic voluntarily dismissed its customs suit on its audio production consoles, filing a notice of dismissal on Sept. 5 at the Court of International Trade. The company brought the suit to claim that the entered value of its consoles was overstated. Counsel for Solid State didn't respond to request for comment as to why the case was dismissed (Solid State Logic v. United States, CIT # 22-00310).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade on Sept. 5 said a CBP headquarters ruling on see-through pop-up tent "pods" that differed in outcome from a previously decided protest didn't require public notice-and-comment because the protest wasn't a "prior interpretive ruling or decision." Judge Timothy Reif dismissed one of importer Under the Weather's counts in its customs classification case on the pods, finding that the prior protest approval wasn't the result of "considered deliberations," didn't have "prospective effect" and wasn't "interpretive."
The Court of International Trade on Sept. 5 said a CBP headquarters ruling on see-through pop-up tent "pods" that differed in outcome from a previously decided protest didn't require public notice-and-comment because the protest wasn't a "prior interpretive ruling or decision." Judge Timothy Reif dismissed one of importer Under the Weather's counts in its customs classification case on the pods, finding that the prior protest approval wasn't the result of "considered deliberations," didn't have "prospective effect" and wasn't "interpretive."
The Customs Rulings Online Search System (CROSS) was updated between Aug. 23 and Aug. 29 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:
The U.S. again argued that Byungmin Chae's case at the Court of International Trade challenging one question on his customs broker license exam should be dismissed under the doctrine of res judicata, which calls for the dismissal of cases already settled by the court. The Nebraska resident filed suit after his previous case, which he took all the way to the U.S. Supreme Court, saw him fall just one question shy of a passing grade on the April 2018 exam (see 2401230031) (Byungmin Chae v. U.S., CIT # 24-00086).