The following lawsuits were filed at the Court of International Trade during the week of Oct. 26 - Nov. 1:
Court of International Trade
The United States Court of International Trade is a federal court which has national jurisdiction over civil actions regarding the customs and international trade laws of the United States. The Court was established under Article III of the Constitution by the Customs Courts Act of 1980. The Court consists of nine judges appointed by the President and confirmed by the Senate and is located in New York City. The Court has jurisdiction throughout the United States and has exclusive jurisdictional authority to decide civil action pertaining to international trade against the United States or entities representing the United States.
Camelbak hydration packs imported without the water-delivery components are classifiable as an insulated beverage bags, said CBP in an Aug. 19 internal advice ruling (here). The ruling, HQ H248811, makes use of classification instructions handed down by the U.S.Court of Appeals for the Federal Circuit in 2011 (see 11062315). In that case, the CAFC shot down a classification approved by CBP and the Court of International Trade of hydration packs as back packs. The CAFC has since used that ruling as precdent for considering use as a factor for "eo nomine" tariff provisions (see 14080420).
The Commerce Department is issuing a retraction of a recent notice amending antidumping duty cash deposit requirements on circular welded carbon steel pipe from China (A-570-910) (here). The agency’s Oct. 20 notice had raised AD duty rates under the order to 69.2 percent for companies eligible for their own rate, and 85.55 percent for the China-wide entity. However, according to a Commerce spokesman, the notice was actually a remand determination for filing at the Court of International Trade, and shouldn’t have been published in the Federal Register. CIT sustained the higher rates announced in the notice in a decision issued Oct. 22 (see 1510230019).
Injunctions preventing liquidation may be dissolved when the Court of International Trade enters final judgment, and not necessarily when the issues surrounding the specific entry are resolved, said CIT in a decision issued Oct. 28 (here). Though all issues surrounding a given entry may be decided by a CIT opinion and order, an injunction that remains in effect until final judgment means that CBP may only liquidate covered entries after all issues in the entire case are decided and final judgment is entered, said CIT.
The following lawsuits were filed at the Court of International Trade during the week of Oct. 19-25:
The Commerce Department will increase antidumping duty cash deposit requirements on circular welded carbon steel pipe from China (A-570-910), it said in a recent notice (here). The agency had previously adjusted rates downward in 2012 in order to implement a World Trade Organization ruling on double counting, setting cash deposit requirements at 45.35 percent for companies eligible for their own rate, and 62.24 percent for the China-wide entity (see 12082923). However, Commerce has since determined that no adjustment is necessary, and will again require AD duty cash deposits at 69.2 percent for the separate rate companies, and 85.55 percent for the China-wide entity, it said. The Court of International Trade sustained the increase in an Oct. 22 decision (here).
The two-year period during which CBP establishes "treatment" that may only be revoked through a notice in the Customs Bulletin runs up to the date of the entry identified in a protest, said the Court of International Trade in a decision issued Oct. 21 (here). Though CBP argued the two-year period runs to the date of the protest itself, CIT ruled the agency’s interpretation would frustrate the intent of the requirement because the two-year period would mostly cover CBP’s modified treatment.
The following lawsuits were filed at the Court of International Trade during the week of Oct. 12-18:
The following lawsuits were filed at the Court of International Trade during the week of Oct. 5-11:
CBP affirmed its classification of a camera used during surgeries that allows for remote viewing and storage as a "television-type camera" due to its ability to capture images in "real time," said the agency in a July 9 ruling. Stryker Communications entered the cameras during 2011 in one of 11 entries that make up "a pendant lighting system used in medical clinics or surgical suites." The ruling (here), HQ H237590, was a further review of a protest that included a consideration of a 2013 Court of International Trade case involving the classification of a camera (see 13122326).