Bauxite pellets containing additives that are used as proppants in the hydraulic fracking industry are classifiable as bauxite ore, and not as ceramic wares articles, said the Court of International Trade in a July 22 decision that was released publicly on Aug. 12. Over arguments to the contrary from the government, CIT found that dopants added to the bauxite during production to lower the firing temperature and increase the crush resistance of the final product did not change the basic character of the material as bauxite. It also ruled that the resulting products did not have to be used to make metal in order to be classified as an ore.
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.
The following lawsuits were filed at the Court of International Trade during the week of Aug 3-9:
The following lawsuits were filed at the Court of International Trade during the week of July 27 - Aug 2:
President Barack Obama tapped a law firm partner, a chief executive officer and an associate justice to fill vacancies at the U.S. Court of International Trade, the White House said on July 30. Obama sent to the Senate nominations for Elizabeth Drake, partner at Stewart and Stewart who specializes in antidumping and countervailing duty law, as well as Jennifer Choe Groves, CEO at Titanium Law Group and Choe Groves Consulting. Choe Groves focuses on trade and intellectual property in her consulting and legal services. Obama also sent forward the nomination for Gary Stephen Katzmann, associate justice on the Massachusetts Appeals Court since 2004. The three nominations aim to fill vacancies left by Richard Eaton, Gregory Wright Carman and Jane Restani.
The following lawsuits were filed at the Court of International Trade during the week of July 20-26:
The Court of International Trade on July 24 denied a request from the government to impose penalties on an importer for negligently misclassifying entries of plywood (here). The government had asked the court to forego a trial and order the importer to pay $324,540 for declaring its plywood duty-free. However, the importer’s use of a customs broker raises questions as to who actually bore responsibility for the violation, and those questions must be decided at trial, said CIT.
The Court of International Trade sustained a revised Commerce Department definition of 'finished merchandise" that came in response to a challenge to a scope ruling from Rubbermaid, the court said in a ruling (here). "Commerce has determined on remand that all Rubbermaid merchandise at issue is excluded from the scope of the Antidumping and Countervailing Duty Orders, because Rubbermaid’s mop frames and handles fall within the 'finished merchandise' exclusion and its mopping kits are covered by the exclusion for 'finished goods kits.' The remand results "are supported by both parties," it said.
The following lawsuits were filed at the Court of International Trade during the week of July 13-19:
The following lawsuits were filed at the Court of International Trade during the week of July 6-12:.
Products containing glass must be mostly made of other materials, or include mechanical components, to be classified as machinery under chapter 84, said the Court of International Trade in a July 10 decision (here). Although the note excluding articles of glass from classification in chapter 84 is silent as to what “of glass” means, CIT looked to the history of the World Customs Organization’s Harmonized System tariff schedule to find the international body intended it to mean products that are not “mainly of other materials.”