The Court of International Trade on June 14 granted importer Maple Leaf Marketing's bid to redesignate the U.S.'s counterclaim as a defense in a customs spat on the classification of boronized steel tubing. Dismissing Maple Leaf's bid to dismiss as moot, Judge Claire Kelly cited the court's Cyber Power Systems (USA) v. U.S. decision to find that nowhere in Congress' scheme on the classification of goods does the legislative body explicitly let the U.S. "assert a counterclaim challenging CBP's classification."
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 Commerce Department recently amended its antidumping duty order on truck and bus tires from China (A-570-040) to exempt merchandise produced and exported by Guizhou Tyre Import and Export Co., Ltd. from any antidumping duties on entries prior to Feb. 22, 2020, the agency said in a notice. Commerce said the orders, which were issued nearly two years after the investigations ended when the International Trade Commission reversed its finding that imports of truck and bus tires didn’t injure U.S. industry, should have taken effect only after the ITC affirmative injury determinations were sustained by the Court of International Trade on Feb. 18, 2020. Instead, Commerce had issued the orders in February 2019 after it was notified of the change but before CIT approved it. Commerce said it will refund all cash deposits collected on entries from Guizhou Tyre during the period Feb. 15, 2019, through Feb. 21, 2020.
Three conservation groups moved to dismiss their suit at the Court of International Trade seeking to compel the Interior Department to decide whether Mexico is engaging in illegal trade and fishing of endangered wildlife. The groups ditched the suit after Interior determined Mexican nationals are violating the Convention on International Trade in Endangered Species of Wild Fauna and Flora, which could lead to a ban on imports of Mexican wildlife (Center for Biological Diversity, et al. v. United States, CIT # 22-00339).
The following lawsuits were filed at the Court of International Trade during the weeks of May 15-21 and 22-28:
Fourteen types of frozen fruit mixtures, five of which contain vegetable ingredients, should be classified under Harmonized Tariff Schedule subheading 0811.90.80 as "other" frozen fruits, dutiable at 14.5%, the Court of International Trade ruled. Judge Stephen Vaden said the merchandise is properly classified under heading 0811 since the term "Fruit ... frozen" describes these goods in whole.
The following lawsuits were filed at the Court of International Trade during the week of May 8-14:
Actuator cable assemblies assembled in Mexico from Chinese motors and various parts from China, Taiwan, the U.S. and Mexico are products of China based on the motor's predetermined end use, CBP said in a recent ruling -- the first publicly released that cites the Court of International Trade's recent decision in an origin case involving Cyber Power (see 2302270064).
The following lawsuits were filed at the Court of International Trade during the week of May 1-7:
The following lawsuits were filed at the Court of International Trade during the week of April 24-30.
Heat-treated forged steel rods imported by ME Global are properly classified in the Harmonized Tariff Schedule as "other bars" not further worked than forged, rather than in the importer's preferred classification as "grinding balls and similar articles for mills," the Court of International Trade ruled in a May 2 decision.