The Court of Appeals for the Federal Circuit has ruled, in BenQ America Corporation v. U.S., to vacate a Court of International Trade decision to classify certain Dell™ LCD monitors1 as video monitors under HTS 8528 (5%) as opposed to duty-free automatic data processing (ADP) machines under HTS 8471. The CAFC remands the case to the CIT, which CAFC states should conduct a "principal use" analysis of the monitors to determine their correct classification.
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 Administration has initiated administrative reviews of the antidumping duty orders below, for certain specified companies listed in the initiation notice.
The International Trade Commission announces that a section 337 patent-based complaint has been filed regarding certain protective cases and components thereof.
The Court of International Trade has ruled in Shah Brothers, Inc., v. U.S., that a 2009 amendment to 19 USC 1514 regarding U.S. Customs and Border Protection's tax collection authority over tobacco products, imported gutkha in this case, does not alter CBP's responsibility as the final agency decision-maker, and as a result, jurisdiction is not available under 28 USC 1581(i).
The Office of the U.S. Trade Representative has announced that it is terminating all of the remaining 100% duty rates imposed on certain products of European Union countries as a result of the EU’s failure to comply with the 1999 World Trade Organization rulings in the EU-U.S beef hormones dispute. The USTR states that it is taking this action due to a 2010 court ruling, even though the 100% duty rates had been set to expire in August 2012 under an agreement reached with the EU.
U.S. Customs and Border Protection has issued an updated version of its fact sheet on ACE Entry Summary, Accounts, and Revenue (ESAR) at-a-glance, which provides information on new and future ACE ESAR portal features. Such features reduce paper and streamline processes for CBP and the trade community etc.
TiVo’s $500 million settlement with EchoStar highlights the strength of its patents, bolstering its position as a fall court trial with AT&T and Verizon looms, said CEO Tom Rogers in a conference call. The settlement, combined with the $100 million Dish paid earlier, has produced $600 million for TiVo, company officials said. EchoStar abandoned the seven-year legal fight and reached agreement after the U.S. Court of Appeals for the Federal Circuit said it was in contempt of a lower court injunction (CED April 21 p1) barring it from selling DVR/satellite receivers that infringed TiVo’s so-called time-warp patent. In the settlement, TiVo will get about $11 million per quarter over a seven-year period, Chief Financial Officer Anna Brunelle said. The company received $175.7 million from EchoStar in Q1.
On May 16, 2011, BAE Systems PLC (BAES), of the United Kingdom, entered into a civil settlement with the State Department and will pay an aggregate $79 million civil penalty for alleged violations of the Arms Export Control Act and the International Traffic in Arms Regulations. A policy of denial will also be imposed on three BAES non-U.S. subsidiaries.
The International Trade Commission has announced the institution of antidumping and countervailing duty injury investigations regarding high pressure steel cylinders from China that are provided for in HTS subheading 7311.00.00.