Battery powered candles that include light emitting diodes (LEDs) are properly classified under heading 9405 as lamps and lighting fittings, the Court of International Trade said in a Aug. 2 ruling. The decision was the result of a Gerson Company challenge to CBP's classification of the candles after liquidation in heading 9405 during 2009 and 2010. The company contended that the merchandise is better classified in heading 8541 as "Diodes, transistors and similar semiconductor devices; ... light-emitting diodes" or 8543 as "Electrical machines and apparatus, having individual functions, not specified or included elsewhere in this chapter."
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 July 24-30:
Substances may be classified as food preparations if they are "valued for" their nutrition, but the mere presence of nutritious ingredients is not enough, the Court of International Trade said in a decision issued July 25. In a dispute over the classification of gum base, the court declined to issue a definitive ruling until the question is resolved of whether the gum base's nutrition is a "valuable aspect" or "incidental."
The Commerce Department is revoking the antidumping duty order on oil country tubular goods from Taiwan, it said in a notice. Commerce says the only remaining respondent from the original AD duty investigation, Tension Steel Industries Co., Ltd., has now been assigned a zero percent rate as a result of a mandate from the Court of International Trade. Investigations that find no foreign exporters engaged in dumping cannot result in AD duty orders. Commerce said it will refund any cash deposits collected on unliquidated entries from Tension Steel. However, the agency will continue to suspend liquidation of such entries until any appeals of the underlying CIT decision have been resolved, it said.
The following lawsuits were filed at the Court of International Trade during the week of July 17-23:
CBP determinations to restrict imports of gray market goods under the Lever-Rule may be considered customs rulings challengeable at the Court of International Trade, CIT said in a decision released July 21 (here). The court found it has jurisdiction to hear a case brought by "XYZ Corporation," an anonymous importer of gray market Duracell batteries, against Lever-Rule protection recently granted by CBP to Duracell.
Antidumping and countervailing duty orders on crystalline silicon photovolatic products from China from Taiwan will remain in place, after the Court of International Trade on July 21 issued two decisions (here) and (here) upholding the controversial scopes of the AD/CVD orders.
The U.S. Court of Appeals for the Federal Circuit overturned a Court of International Trade ruling in a July 18 decision on the classification of parts made for the Container Store’s "elfa" modular storage furniture system. The CAFC disagreed with the CIT's finding from last year that the "top tracks and hanging standards" are classifiable as parts of general use, not parts of furniture (see 1601220024). CIT didn't give enough consideration to an explanatory note for heading 8302, which explains that the scope of heading 8302 doesn't include goods that form an "essential part of the structure," the CAFC said in its decision (here).
The following lawsuits were filed at the Court of International Trade during the week of July 10-16:
Mario Toscano, previously chief deputy clerk at the Court of International Trade, was named acting clerk for CIT, the court said (here). The previous clerk, Tina Potuto Kimble, recently joined Tata Steel Europe (see 1705250022).