Recent Court Cases on International Trade for May 27- May 29, 2008
The following Court of Appeals for the Federal Circuit and Court of International Trade cases on international trade issues were dated/decided during May 27 - May 29, 2008:
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(Court decisions of general interest may be summarized in greater detail by Broker Power in another issue of ITT.)
CIT Rules Against Express Consignment CHB on Broker Issues
In U.S. v. UPS Customhouse Brokerage, Inc., the Court of International Trade (CIT) ruled against UPS on the issues of misclassification of electronic merchandise, the failure to exercise responsible supervision and control of its customs business, and on the number of violations found and monetary penalties assessed for violations of 19 USC 1641 ("the broker statute").
(See ITT's Online Archives or 05/30/08 news, 08053000, for BP summary of the CIT's decision.)
CIT Rules on "Underpayment" of Manufacturing Substitution Drawback
This case involves the denial by the U.S. Customs Service of an importer's protest of Customs' reliquidation of an entry for "manufacturing substitution drawback" under 19 USC 1313(b) (1993). The CIT agreed with Customs and ruled that its limitation of the duty refund to an amount that was approximately 55% of the amount of drawback claimed was correct.
CIT Rules on Duty-Free Status of Non-Electric Lamps/ Lights from Mexico
The CIT ruled in favor of the importer that four items made in Mexico - the Geo Table Lighting, the St. Tropez CLS, the St. Tropez Cardinal Bowl, and the Serenity Votives were classified under MX 9405.50.40 as lamps and lighting fixtures: nonelectrical lamps and lighting fixtures: other: other (duty free) instead of as glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes under HTS 7013 (3.8% - 16% duty).
CIT Rules on Invoice Date as U.S. Sale Date in Dumping Case
In this case involving an antidumping duty administrative review of certain hot-rolled carbon steel flat products from Thailand, Nakornthai challenged the International Trade Administration's (ITA's) selection of the invoice date as the date of sale in the U.S. for its merchandise. The CIT ruled the ITA's decision to select the invoice date was reasonable, but remanded the case for further consideration due to a related incomplete finding.
CIT Upholds ITA Remand on AD Review of Honey from China
The CIT has upheld certain remand decisions by the ITA regarding the second administrative review of the antidumping duty order on honey from China.
CIT underpayment case (E.I. Du Pont de Nemours & Company v. U.S., Slip Op. 08-56, dated 05/27/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-56.pdf)
CIT express consignment case (U.S. v. UPS Customhouse Brokerage, Inc., Slip Op. 08-60, dated 05/28/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-60.pdf)
CIT non-electric lights/lamps case (The Pomeroy Collection, Ltd. vs. U.S., Slip Op. 08-57, dated 05/27/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-57%20Amended.pdf
CIT U.S. date of sale case (Nakornthai Strip Mill Public Company Limited vs. U.S., Slip Op. 08-58, dated 05/28/08) available at http://www.cit.uscourts.gov/08-58%20Public.pdf
CIT case upholding ITA remand on honey from China (Wuhan Bee Healthy Co., Ltd. and Presstek, Inc. vs. U.S., Slip Op. 08-61, dated 05/29/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-61.pdf