On June 16, 2010, the International Trade Commission released its first annual compilation of bi-weekly data on textile and apparel imports from China entitled “Textile and Apparel Imports from China: Statistical Reports, Annual Compilation 2009.”
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.
In Pacific Northwest Equipment, Inc., v. U.S., the Court of International Trade ruled that platform containers are free of duty under Harmonized Tariff Schedule subheading 8609.00.00, as containers specially designed and equipped for carriage by one or more modes of transport, and not under subheading 7326.90.85 as an article of iron or steel at 2.9% ad valorem.
In Dell Products LP, v. U.S., the Court of International Trade agreed with U.S. Customs and Border Protection that secondary batteries were properly considered other storage batteries under Harmonized Tariff Schedule subheading 8507.80.80 at 3.4% ad valorem and not duty-free as portable digital automatic data processing machines under HTS 8471.30.00, the classification that applied to the notebook computers with which the batteries were packaged.
The Animal and Plant Health Inspection Service posted updated guidance in April 2010 on filing Lacey Act Declarations for articles containing composite, recycled, or reused (CRR) materials.
In a test case, Sparks Belting Company, v. U.S., the Court of International Trade ruled that certain “conveyor belts” designed and used for the conveyance of food and other products were properly classified in the Harmonized Tariff Schedule under 5903.10.20 as plastic coated textile fabrics at 1.7% ad valorem, or as plastic sheets combined with textile materials 3921.90.25 at 5.6% ad valorem.
In BP Products North America Inc., v. U.S., the Court of International Trade ruled that a blended mixture of components known as 93 octane (premium grade) gasoline (“Conv. 93”) was properly classified as gasoline (motor fuel) under Harmonized Tariff Schedule subheading 2710.11.15 at 52.5 cents per barrel.
On May 20, 2010, Representative Delahunt (D) introduced the Cambodian Trade Act of 2010 (H.R. 5349) which would prohibit the extension of duty-free treatment to all Cambodian apparel and certain Cambodian textiles, footwear.
Totes-Isotoner Corporation has petitioned the U.S. Supreme Court to review whether differences in customs duty rates, based on gender or age, violate the Equal Protection Clause of the Constitution.
U.S. Customs and Border Protection has issued a revised version of its informed compliance publication entitled, What Every Member of the Trade Community Should Know About: Footwear.
The International Trade Administration is requesting comments on any subsidies, including stumpage subsidies, provided by certain countries exporting softwood lumber or softwood lumber products to the U.S. during the period July 1 -- December 31, 2009.