CIT Denies Importer's Request for Mediation in Tariff Classification Case

The Court of International Trade on Nov. 18 denied an importer’s request for court-ordered mediation to resolve a tariff classification case (here). Sigma-Tau HealthScience had asked CIT to bring in a third-party mediator to resolve the dispute, which centers on the classification of the nutritional supplement L-carnitine. It cited a recent decision involving Tenacious Holdings, where the court granted an importer’s request for mediation despite the government’s objections (see 14090402). However, the circumstances here were different, said CIT. Unlike in the earlier case, the amount at issue is not small. Also, the classification provisions involved have not changed since the dispute arose, so a decision in this case would affect future entries. Finally, as a test case, any decision would have even wider application to other entries. “This is a straightforward classification case. Further, this is a designated test case, which emphasizes the interest in the legal resolution of this action for future application,” said CIT.