The Court of International Trade on Aug. 26 vacated the National Marine Fisheries Service's comparability findings on New Zealand's West Coast North Island multispecies set-net and trawl fisheries, though the court declined to compel NMFS to issue an import ban on fish and fish products from these fisheries under the Marine Mammal Protection Act (MMPA).
CBP improperly classified certain toy lips as candy under Harmonized Tariff Schedule Chapter 17 instead of "other toys" under Chapter 95, said importer Imaginings, doing business as Flix Candy, in a complaint last week at the Court of International Trade. Flix said that while the lips consist of two components, the plastic lips and a candy lollipop, the lips give the item its "essential character" and thus qualify the goods for Chapter 95 classification (Imaginings 3, d/b/a Flix Candy v. United States, CIT # 21-00403).
In a confidential opinion released Aug. 22, Court of International Trade Judge Timothy Reif vacated the Commerce Department’s pause on antidumping and countervailing duties on solar cells from Thailand, Cambodia, Vietnam and Malaysia -- in place until June 6, 2024 -- after a finding that the countries' exporters were circumventing an antidumping duty on solar cells from China (Auxin Solar v. United States, CIT # 23-00274).
Court of International Trade Judge Timothy Reif on Aug. 22 vacated the Commerce Department’s pause on antidumping and countervailing duties on solar cells from Thailand, Cambodia, Vietnam and Malaysia -- in place until June 6, 2024 -- after a finding that the countries' exporters were circumventing an antidumping duty on solar cells from China (Auxin Solar v. United States, CIT # 23-00274).
The U.S. is using "magical thinking" as the basis for its defense in the case against the legality of tariffs imposed under the International Emergency Economic Powers Act, said Rick Woldenberg, CEO of Hand2Mind and Learning Resources, the plaintiffs in the suit currently at the U.S. Court of Appeals for the D.C. Circuit.
CBP has released its Aug. 13 Customs Bulletin (Vol. 59, No. 33), which includes the following ruling actions:
The following lawsuits were filed at the Court of International Trade during the week of Aug. 4-10:
Target General Merchandise's string light models are properly classified under Harmonized Tariff Schedule heading 9405 as lamps with a "permanently fixed light source" not specified elsewhere in the tariff schedule and not under heading 8543 as parts of electrical machines having individual functions not specified elsewhere in the chapter, the Court of International Trade held on Aug. 13. Judge Lisa Wang ruled that Target's seven models of string lights specifically fall under subheading 9405.30.00 as lighting sets "of a kind used for Christmas trees.”
The U.S. filed a motion for default judgment at the Court of International Trade on Aug. 10 against importer Rago Tires, seeking $56,435.48 for gross negligence in classifying its tires as not subject to antidumping duties and countervailing duties (United States v. Rago Tires, CIT # 24-00043).
CBP has released its Aug. 6 Customs Bulletin (Vol. 59, No. 32). While it contains no ruling notices, it includes four Court of International Trade slip opinions.