The Court of International Trade has ruled in a test case, Firstrax, Div. of United Pet Group, Inc., v. U.S., that certain soft crates for pets are classifiable as made up (textile) articles in heading 6307 and not as cases in heading 4202 as classified by Customs. The CIT explained that the soft crates did not meet the four essential characteristics of the goods listed in heading 4202; they did not (1) organize, (2) store, (3) protect, and (4) carry various items.
The Court of International Trade has denied BASF Corp.'s motion for summary judgment in a case concerning the classification of Betavits, mixtures containing synthetic beta-carotene. The CIT states that there are genuine issues of material facts as to whether such mixtures belong to the class of goods principally used as coloring matter, as argued by BASF, or provitamins, as classified by Customs.
U.S. Customs and Border Protection has posted an updated version of its spreadsheet of ACE ESAR A2.2 (Initial Entry Types) programming issues.
On October 19, 2011, petitions were filed with the International Trade Administration and the International Trade Commission charging Chinese manufacturers of solar products with illegally dumping crystalline silicon solar cells into the U.S. market. The petitions also assert Chinese manufacturers are receiving illegal subsidies from the Chinese government in deploying contract awards, trade barriers, financing breaks and supply-chain subsidies.
The Court of International Trade has ruled that licensed customs broker Guillermo Lizarraga is entitled to reimbursement of attorney fees and other expenses after successfully challenging U.S. Customs and Border Protection's 2008 deactivation and suspension of his entry filer code for alleged misuse. The CIT states Lizarraga is entitled to reimbursement as CBP's1 position was not substantially justified and because there are no special circumstances that make such an award unjust.
U.S. Customs and Border Protection has provided information on what it views as the benefits and process improvements that can be expected with the future implementation of Cargo Release in ACE. CBP states that the release process for legitimate cargo will be facilitated through process improvements, including, among other things, the creation of a single window for import data transmission, reduced redundant data requirements, paperless updates, and templates of repeated entries for trusted traders.
The U.S. Patent and Trademark Office is requesting public comments on China's patent enforcement system as part of its effort to identify and assess the challenges U.S. investors are facing with China's judicial and administrative patent enforcement systems. The USPTO will use these comments to create a report with recommendations for improvement. Comments are due by November 4, 2011.
U.S. Customs and Border Protection has posted an updated version of its spreadsheet of ACE ESAR A2.2 (Initial Entry Types) programming issues.
The International Trade Commission has voted to institute a section 337 patent-based investigation of certain devices for mobile data communication (337-TA-809). The products at issue are tablet computers, and smartphones. The investigation is based on a complaint filed by Openwave Systems, Inc., Redwood City, CA on August 31, 2011.
The Directorate of Defense Trade Controls has issued an updated frequently asked questions document on D-Trade. The document provides information on D-Trade basic use; form completion, submission, and follow up; digital certificates; and super users (D-Trade users responsible for managing company users). According to DDTC sources, the last major update to these FAQs occurred in 2008.