The Commerce Department issued a Federal Register notice on its recently initiated countervailing duty investigations on non-oriented electrical steel (NOES) from China, South Korea, and Taiwan (C-570-997, C-580-873, C-583-852). The agency will determine whether imports of the subject merchandise from China, South Korea, and Taiwan are being illegally subsidized.
Harmonized Tariff Schedule
The Harmonized Tariff Schedule (HTS) is a reference manual that provides duty rates for almost every item that exists. It is a system of classifying and taxing all goods imported into the United States. The HTS is based on the international Harmonized System, which is a global standard for naming and describing trade products, and consists of a hierarchical structure that assigns a specific code and rate to each type of merchandise for duty, quota, and statistical purposes. The HTS was made effective on January 1, 1989, replacing the former Tariff Schedules of the United States. It is maintained by the U.S. International Trade Commission, but the Customs and Border Protection of the Department of Homeland Security is responsible for interpreting and enforcing the HTS.
The U.S. Court of Appeals for the Federal Circuit affirmed on Nov. 5 a lower court ruling on the tariff classification of hole punches for paper scrapbooks. As the Court of International Trade had done in September 2012 (see 12100102), the appeals court held Wilton Industries’ “Stampin’ Up!” hole punches should be classified as “perforating punches” under Harmonized Tariff Schedule heading 8203, rather than Wilton’s preferred classification as paper cutting machines under heading 8441. The former heading exactly describes Wilton’s hole punches, while the latter is reserved for paper manufacturing machinery, CAFC said.
CBP’s ruling revocation on Best Key’s yarn will take effect 60 days after the end of the federal government shutdown on Oct. 17, instead of the nominal publication date of Oct. 2, ruled the Court of International Trade on Nov. 4. Although paper copies of the ruling revocation may have been available during the shutdown, CBP is required to give 60 days of public notice before a ruling revocation takes effect, and the ruling wasn’t easily accessible to the public until the government resumed operations, CIT said. The court decision is only the latest chapter in an ongoing dispute over classification of the metal-containing yarn. Best Key is attempting to reverse CBP’s revocation of the ruling in another CIT lawsuit filed Oct. 25.
Mixed nuts imported to the U.S. by CIL International that were salted and packaged in South Korea do not meet the eligibility requirements for preferential treatment under the Korea-U.S. Free Trade Agreement (KORUS), said CBP in a recently released ruling, dated Aug. 19. The ruling, HQ H243328, responds to a CIL request that the agency reconsider another ruling on the issue that said the nuts were not eligible under KORUS. The company asked CBP to revise its ruling based on how it treated similar nuts under NAFTA, which CBP said cannot be compared, despite similar language in the free trade agreements.
The International Trade Administration is seeking comment on any subsidies, including stumpage subsidies, provided by certain countries exporting softwood lumber or softwood lumber products to the U.S. during the period Jan. 1 through June 30, 2013. Comments are due by Dec. 4.
The Court of International Trade granted a reprieve to an importer facing penalties for tariff misclassification, but didn’t let the importer off the hook entirely. On Oct. 30, the court rejected a government request for penalties based on technicalities related to the calculation of the penalty amount. The government sought $324,687 against importer Lafidale for misclassification of handbags and wallets. CIT found that the importer was liable for penalties for gross negligence, but said the government’s muddled calculations prevented it from allowing the penalty to proceed. Although it denied the government’s motion, CIT said it would allow the government to correct its mistakes and refile.
The Commerce Department issued Federal Register notices on its recently initiated antidumping investigations on grain-oriented electrical steel (GOES) from China, the Czech Republic, Germany, Japan, South Korea, Poland, and Russia (A-570-994, A-851-803, A-428-842, A-588-871, A-580-871, A-455-804, A-821-821) and countervailing duty investigations on GOES from China (C-570-995). The agency will determine whether imports of GOES from these countries are being, or are likely to be, sold in the U.S. at less than fair value, and whether imports from these countries are being illegally subsidized.
The Commerce Department issued Federal Register notices on its recently initiated antidumping and countervailing duty investigations on monosodium glutamate from China and Indonesia (A-570-992/C-570-993, A-560-826/C-560-827)). The agency will determine whether imports of the food additive from China and Indonesia are being sold in the U.S. at less than fair value or illegally subsidized.
The Footwear Distributors and Retailers of America (FDRA) will offer a customs classification mobile application that will allow users to request input from the association on how a footwear product should be classified, the FDRA said in a press release. The mobile app, offered on Apple's iOS platform, is named ecVision Classify and "allows footwear customs professionals to electronically submit footwear images, and corresponding product attributes, to FDRA for evaluation and a professional opinion about which Harmonized Tariff Schedule (HTS) code the footwear sample would be classified under," said the FDRA.
CBP issued an interim rule, effective Oct. 23, to amend its regulations for the preferential tariff treatment and other customs-related provisions of the U.S.-Panama Trade Promotion Agreement (PATPA or PANTPA). Comments are due by Dec. 23.