CIT Says No Notice and Comment Requirements for HQ Ruling on Pop-Up Tent Pods

The Court of International Trade on Sept. 5 held that a CBP HQ ruling on see-through pop-up tent "pods" wasn't subject to notice and comment requirements because a prior protest approval on the goods wasn't a "prior interpretive ruling or decision." Judge Timothy Reif said the protest approval wasn't the result of "considered deliberations" because CBP's Regulations and Rulings office wasn't involved, and that the decision didn't have "prospective effect" and wasn't "interpretive."