The following lawsuits were filed at the Court of International Trade during the week of Feb. 22-28:
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.
Mesh Wi-Fi network extenders perform a different function than routers or switches and should be classified in a separate subheading, CBP said in a recently released ruling dated Dec. 18, 2020. The ruling is the result of an application for further review of protest submitted by Calix over an entry of mesh network extenders, which was liquidated in subheading 8517.62.0020. The classification issue is “whether or not the protested merchandise is 'switching and routing apparatus' of subheading 8517.62.0020, [Harmonized Tariff Schedule of the United States (HTSUSA)], or 'other' of subheading 8517.62.0090,” CBP said.
The Commerce Department issued Federal Register notices on its recently initiated antidumping and countervailing duty investigations on granular polytetrafluoroethylene resin from India and Russia (A-533-899/C-533-900, A-821-829/C-821-830).
The following lawsuits were filed at the Court of International Trade during the week of Feb.8-14:
Board members and people who provide services to foreign-trade zones talked about what the National Association of Foreign-Trade Zones should work on now that it lost the battle on USMCA rules of origin treatment for goods produced in those zones. “Now that provision’s back in the act, it’s going to be a real challenge,” said Melissa Irmen, chair of the NAFTZ board. The group wants to make sure a U.S.-United Kingdom free trade agreement doesn't prohibit goods made in FTZs from qualifying for rules of origin, as USMCA does. “They are concerned that the USMCA approach could be a precedent.”
The International Trade Commission recently posted Revision 3 to the preliminary edition of the 2021 Harmonized Tariff Schedule. Changes include implementation of extended and revised Section 201 safeguards on large residential washers, as announced in a proclamation issued by former President Donald Trump in mid-January (see 2101150049). Minor changes are also made to an exclusion from Section 301 China tariffs for supported catalysts with zinc oxide as the active substance.
The Commerce Department issued notices in the Federal Register on its recently initiated antidumping and countervailing duty investigations on pentafluoroethane (R-125) from China (A-570-137/C-570-138). The CV duty investigation covers entries Jan. 1, 2020, through Dec. 31, 2020. The AD duty investigation covers entries July 1, 2020, through Dec. 31, 2020.
Daikin America seeks the imposition of new antidumping and countervailing duties on granular polytetrafluoroethylene (PTFE) resin from India and Russia, it said in a petition filed with the Commerce Department and the International Trade Commission Jan. 26. Commerce will now decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CV duty orders and the assessment of AD and CV duties on importers.
Disposable medical face masks assembled in Canada from components made in India, the U.S. and China are eligible for USCMA tariff treatment, CBP said in a ruling issued Dec. 18, 2020. While some components that determine the classification of the masks originate in India, those components undergo the relevant USCMA tariff shift rule, CBP said in HQ H315375.
The Animal and Plant Health Inspection Service will roll out its “Core” partner government agency (PGA) message set in two stages “to allow trade to adjust to the data requirements,” said CBP in a CSMS message Jan. 21. On the Jan. 25 date previously announced as APHIS Core’s mandatory use date, APHIS will require filers to submit message set data for regulated products but will maintain “warning level” Harmonized Tariff Schedule code flagging. Beginning March 15, APHIS will fully enforce submission of its Core message set using reject flagging. “The delay until March 15, 2021, is technical only; filers should start submitting APHIS Core message set data on January 25, 2021,” CBP said.