Doorknobs with keyed, thumbturn locks are classifiable as knobs, not locks, in the tariff schedule, the Court of International Trade said in a March 26 decision that was publicly released April 2. After being directed by the U.S. Court of Appeals for the Federal Circuit to treat the door hardware as composite goods (see 1902190036), CIT found that the knobs give the hardware sets their essential character, classifying them in Harmonized Tariff Schedule of the United States (HTSUS) heading 8502.
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 Court of International Trade courthouse will be closed until further notice to limit COVID-19 exposure, said Clerk of the Court Mario Toscano in an April 2 notice. “During this time, and upon approval of the assigned judge(s), parties are able to participate in, and members of the public may listen to, proceedings via teleconference,” it said. “Access for the public may be precluded or limited when confidential information will be presented in the proceeding.” The court also posted information about teleconferencing on its website. “Prior to the day of the court proceeding, the Case Manager will provide the parties with the dial-in number and the access codes for participating in the proceeding via email,” it said.
The following lawsuits were filed at the Court of International Trade during the week of March 23-29:
The following lawsuits were filed at the Court of International Trade during the week of March 16-22:
An importer of Indian citric acid subjected to antidumping and countervailing duties on China must challenge the tariffs by way of a protest or a scope ruling, and can’t directly file a lawsuit alleging CBP did not follow the proper procedures in determining dutiability, the Court of International Trade said in a March 16 decision dismissing TR International’s lawsuit on jurisdictional grounds.
The following lawsuits were filed at the Court of International Trade during the week of March 9-15:
The Court of International Trade will hear the recent series of lawsuits challenging Section 232 tariffs on steel and aluminum derivatives as a three-judge panel, according to multiple people familiar with the cases. Though the court’s case management system was down as of press time for an IT upgrade, the panel will apparently decide the similar cases filed in recent weeks by PrimeSource, Oman Fasteners, Huttig, Astrotech, Trinity, New Supplies, Aslanbas, J. Conrad, Metropolitan Staple, and 10 companies including SouthernCarlson (see 2003030048).
The Court of International Trade is expanding its prohibition on entry into the courthouse to anyone who has traveled in 25 additional member states of the European Union in the past two weeks, it said in an updated message on its website. While the policy, put in place in response to the coronavirus pandemic (see 2003110056), had previously applied to travelers to Italy, as well as China, Iran and South Korea, it now also applies to all members of the EU’s Schengen Area, including Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland. The prohibition on entry into the courthouse also applies to anyone who resides or has had close contact with someone who has traveled to one of these areas within the last 14 days, as well as anyone who has been asked to self-quarantine by any hospital or health agency, or has been diagnosed with, or has had contact with, anyone who has been diagnosed with COVID-19, the novel coronavirus at the heart of the pandemic.
The Court of International Trade remains open during the ongoing coronavirus disease pandemic, but some that have been potentially exposed to COVID-19 will be denied permission to enter the courthouse, CIT said in an update on its website. “[I]f you have traveled to China, Italy, Iran, or South Korea within the last 14 days; reside or have had close contact with someone who has traveled to one of the above areas within the last 14 days; have been asked to self-quarantine by any hospital or health agency; or have been diagnosed with, or have had contact with, anyone who have been diagnosed with COVID-19, you must inform the Court Security Officers upon entering the courthouse and will be denied permission to enter,” CIT said. “If you are so affected and are an attorney scheduled to appear before the Court in the near future, you must notify the court so that appropriate safeguard measures can be taken. You may appear via teleconference or video-conference with the approval of the presiding Judge,” the trade court said. “These restrictions will remain in place until further notice.”
International Trade Today is providing readers with some of the top stories for March 2-6 in case they were missed.