Parts of an oil rig well head are properly classified as "other articles of iron or steel" rather than as parts for boring machinery or parts of taps, cocks and valves, CBP said in a recently released ruling the agency had issued in January.
Notable CROSS rulings
CBP's Commercial Customs Operations Advisory Committee (COAC) will next meet March 29 in Seattle, CBP said in a notice. Comments are due in writing by March 24.
While CBP rulings on country of origin show there are ways to keep China in the supply chain and still avoid Section 301 tariffs, Thompson Hine attorneys, during a webinar on what to expect in trade in 2023, said that if your product is auto parts, electric vehicle battery components, chemicals, pharmaceuticals or critical minerals, your chance of avoiding tariffs or other regulatory restrictions is not great.
The Agricultural Marketing Service on Jan. 18 released a final rule requiring submission in ACE of National Organic Program organic certificates for all organic products entering the U.S. as part of the entry process. The agency’s sprawling final rule also sets requirements for organic certifiers, recognition of foreign organic certifications, labeling requirements and the calculation of organic content of multi-ingredient products, among other things.
Seventeen styles of fabrics are not excluded from 10% Section 301 duties because they do not qualify as microfibers or microdeniers, CBP said in a Sept. 8 ruling, recently released publicly.
The Integrity, Notification, and Fairness in Online Retail Marketplaces (Inform) Consumers Act passed the House Nov. 17, making it more likely the bill could become law during the lame duck session. The Inform Consumers Act requires high-volume third-party sellers on e-commerce platforms to disclose their names and a way to contact them. A high-volume seller is defined as someone who has made 200 or more sales in a 12-month period, worth $5,000 or more. It also requires companies like Amazon or e-Bay to create a hotline to allow customers to report postings they believe to be stolen or counterfeit goods.
The following lawsuits were filed at the Court of International Trade during the weeks of Oct. 3-9 and Oct. 10-16:
Despite sales terms to the contrary, a Hong Kong middleman never held title to merchandise imported from China and Taiwan into the U.S., so “first sale” valuation is unavailable and the goods should be valued at the price paid by the importer, CBP said in a recent ruling. Incoterms aside, the importer paid for freight and insurance, and title transferred alongside risk of loss directly from the manufacturer to the importer, with the middleman acting more as agent, CBP said in HQ H316892.
India chose not to sign onto the trade pillar in the Indo-Pacific Economic Framework, which focuses on digital trade, trade facilitation, science-based sanitary and phytosanitary rules, trade in environmental goods, and laws to protect labor rights.
The Court of International Trade agreed with the government that a nitrogen oxide sensor probe for diesel engines should be classified as an instrument of chemical analysis under Harmonized Tariff Schedule heading 9027, rather than an instrument of measurement under heading 9026 (Continental Automotive Systems, Inc. v. U.S., CIT #18-00026). In an Aug. 12 opinion, Judge Jane Restani ruled in favor of the government's March 8 cross-motion for summary judgment (see 2203140007).