In Agatec Corp. v. U.S., the Court of International Trade granted summary judgment to the government, agreeing that Customs correctly classified imported electrical laser levels used in construction projects and in landscaping of houses and small buildings in HTS 9031, a provision that covers "Measuring and checking instruments, not specified or included elsewhere in this chapteretc."
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.
According to various press releases, Target Corp. and its affiliate, Associated Merchandising Corp. (Target), and Totes-Isotoner Corp., have filed complaints with the U.S. Court of International Trade accusing the U.S. of gender and age discrimination in the tariffs it imposes on similar items of apparel, footwear, and gloves.
The U.S. Court of Appeals for the Federal Circuit reviewed the decision of the U.S. Court of International Trade in Cummins Incorporated v. U.S. and affirmed CIT's finding that the crankshafts imported into the U.S. by Cummins Incorporated (Cummins) did not originate in Mexico and were not entitled to preferential treatment under the North American Free Trade Agreement (NAFTA).
The U.S. Court of Appeals for the Federal Circuit reviewed and affirmed the decision of the Court of International Trade in Processed Plastics Company v. U.S. ruling that two children's plastic Barbie and Winnie the Pooh backpacks and one children's Barbie beach bag could not be classified as toys.
CIT Rules Certain Holiday and Special Occasion Bakeware is Duty-Free as Chapter 95 "Festive Articles
In Wilton Industries, Inc., v. U.S., the Court of International Trade ruled that certain bakeware, cookie cutters, cooking tools, etc. imported by Wilton to be used in baking and cake decorating (the "bakeware") should be classified under HTS 9505.90 (duty-free), a provision covering festive, carnival or other entertainment articles.
In U.S. v. UPS Customhouse Brokerage, Inc.,the Court of International Trade agreed with UPS that the facts presented by Customs were not sufficient to grant summary judgment with respect to penalties imposed concerning certain alleged tariff misclassifications by UPS. As a result, the case must go to trial.
In Agfa Corporation, ("Agfa") v. U.S., the Court of International Trade agreed with Customs and ruled that certain plates imported by Agfa to be used in photolithography should be classified in the Harmonized Tariff Schedule under HTS 3701.30.00, a provision covering photographic plates.
The International Trade Administration has issued a notice amending its final antidumping duty determination and order on lawn and garden steel fence posts from China in order to revise the AD duty rate of one company, as there is now a final and conclusive court decision in the proceeding.