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).
Ben Perkins
Ben Perkins, Assistant Editor, is a reporter with International Trade Today and its sister publications, Trade Law Daily and Export Compliance Daily, where he covers sanctions, court rulings, and other international trade issues. He previously worked as a trade analyst for a Washington D.C. advisory firm. Ben holds a B.A. in English from the University of New Hampshire and an M.A. in International Relations from American University. Ben joined the staff of Warren Communications News in 2022.
Public comments are due Aug. 22 in a Section 337 case at the International Trade Commission regarding imported pillows and seat cushions, a notice in the Federal Register said. The notice follows an Aug. 5 complaint by Purple Innovation, which alleges that 39 respondents are importing pillows and cushions that infringe on three of Purple's patents and violate its trademark of "Purple" in relation to seats and cushions. Purple says the respondents have engaged in misleading advertising and promotional activity in attempts to deceive customers. The patents at issue cover methods of cushion manufacturing and double-cushion pads. Purple has asked the ITC for a general exclusion order on products that infringe on one of Purple's design patents, a utility patent, and/or a trademark. In addition, Purple also seeks a limited exclusion order on products from the respondents that infringe on a separate utility patent and cease and desist orders against the respondents.
CBP affirmed a February determination that found substantial evidence of evasion of countervailing duties and antidumping duties on wooden cabinets from China by two importers, after a review of the case, according to a recently released notice.
In the Aug. 3 Customs Bulletin (Vol. 56, No. 30), CBP published a proposal to revoke a ruling on insulated lunch bags.
The International Trade Commission began a formal Section 337 investigation Aug. 3 on imported video processing devices (ITC Inv. No. 337-TA-1323).
Comments are due Aug. 12 to the International Trade Commission on public interest issues raised on a July 29 complaint by Zodiac Pool Systems and Zodiac Pool Care Europe concerning pool cleaners (ITC Docket No. 337-TA-3631).
CBP, in closely linked cases, determined that there is substantial evidence that importers Starille, Nutrawave and Newtrend USA evaded antidumping and countervailing duty orders on glycine from China (EAPA Consolidated Case No. 7647), while there was a lack of substantial evidence that the same importers evaded an AD order on glycine from Thailand (EAPA Consolidated Case No. 7663).
The International Trade Commission posted Revision 8 to the 2022 Harmonized Tariff Schedule. The update added new secondary 10-digit tariff numbers for baby formula and products of Russia.
Rubber tires specifically designed for use with lawnmowers are parts of agricultural equipment under subheading 9817.00.60, eligible for duty-free treatment, CBP said in a ruling issued April 28 and made public July 8. The ruling was a response to a request for internal advice initiated by OTR Wheel Engineering on low-speed rated tires that are designed, engineered and marketed for use on riding and standing mowers.
In the July 6 Customs Bulletin (Vol. 56, No. 26), CBP published a proposal to revoke a ruling on wooden paint mixing sticks and composite portable storage batteries.