GDLSK: Grunfeld Desiderio Lebowitz Silverman & Klestadt LLP
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New Ruling for Parties Classifying Merchandise

Customs recently issued a ruling on the CROSS database, that may be problematic for many importers.  In H290535, a seller of merchandise provided the ten digit Harmonized Tariff classifications to their customers.  The classifications did come with a caveat that the importer should verify the classification with their expert. Despite the caveat, Customs held that providing tariff codes to third parties (even if the tariff codes were for the merchandise they were selling to their own customers) was performing “customs business” and therefore must be carried out by a licensed customs broker.


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