Judges at the U.S. Court of Appeals for the Federal Circuit on Dec. 4 questioned importer Nature's Touch Frozen Foods (West) and the government regarding the tariff classification of frozen fruit mixtures. Judge Todd Hughes led the bulk of the questioning, pushing Nature's Touch on how to classify the goods if the court finds that the mixtures aren't food preparations, as claimed by the company, and how they should be classified instead under Harmonized Tariff Schedule heading 0811, which covers certain frozen fruit (Nature's Touch Frozen Foods (West) v. U.S., Fed. Cir. # 23-2093).
Embossing and foil labeling operations don't constitute a use or materially change the goods, and such products are therefore eligible for unused merchandise drawback and in the same condition for the purpose of claiming drawback under USMCA, CBP determined in a recent ruling.
If incoming President Donald Trump imposes 25% tariffs on all Mexican and Canadian imports, it would be deeply disruptive to business in Texas, Arizona, Michigan and southeastern states with major auto manufacturing.
The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) has invited Costa Rica to join the pact, Canada said in a statement released Nov. 30. At the eighth CPTPP Commission meeting in Vancouver, the commission agreed to begin the accession process, originally requested by Costa Rica in 2022, noting the Central American country's "history as a supporter of the rules-based trading system, its experience with high-standard trade and investment rules, and [its] affirmation of its intention to comply with the obligations of the CPTPP." The accession process begins with the formation of an Accession Working Group, which will establish a timeline for Costa Rica's membership.
One day after the U.S. published a new set of semiconductor-related export controls aimed at China (see 2412020016), Beijing announced a ban on certain key critical minerals and other dual-use items being shipped to the U.S. for military uses.
The Commerce Department made preliminary affirmative antidumping duty determinations that imports of crystalline silicon photovoltaic cells, whether or not assembled into modules, from Cambodia (A-555-003), Malaysia (A-557-830), Thailand (A-549-851) and Vietnam (A-552-841) are being sold in the U.S. at less than fair value. AD suspension of liquidation and cash deposit requirements will generally take effect for entries on or after Dec. 4, the date that the preliminary determinations are scheduled to be published in the Federal Register, but Commerce is making the suspension of liquidation and AD cash deposits retroactive to approximately Sept. 5 for some Vietnamese and all Thai companies.
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If President Trump were to impose 25% tariffs on all Mexican and Canadian imports, because he believes those countries are not doing enough to stop migration and drug trafficking, no industry would be hurt more than the auto industry.
CBP upheld its decision that China as the country of origin for an unnamed company's stainless steel sinks, according to a recent ruling.
A domestic producer recently filed a petition with the Commerce Department and the International Trade Commission requesting new antidumping and countervailing duties on float glass from Malaysia and China. Commerce will now decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CVD orders and the assessment of AD and CVD on importers. Vitro Flat Glass and its subsidiaries requested the investigation.