CAFC rules that cables imported separately are not classifiable as unassembled pieces. In ABB, Inc. v. U.S., the Court of Appeals for the Federal Circuit (CAFC) affirmed a Court of International Trade (CIT) ruling that two high voltage electric cables should be classified under HTS 8544.60.4000 (3.5%) as other electric conductors for a voltage exceeding 1,000 volts, of copper. The CAFC also affirmed the CIT's decision that a fiber optic cable should be classified under HTS 8544.70.0000 (duty-free), as an optical fiber cable.
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.
CAFC affirms CIT classification of certain binders/portfolios, denies Customs' appeal. In Avenues in Leather, Inc. v. U.S., the Court of Appeals for the Federal Circuit (CAFC) affirmed the Court of International Trade's (CIT's) ruling that a "Presentation Calcu-Folio" is correctly classified under HTS 4820.10.2020 (duty-free), which covers memorandum pads, letter pads and similar articles.
The International Trade Administration (ITA) has issued a notice that amends the final results of its antidumping (AD) duty administrative review of garlic from China for the period of November 1, 2002 through October 31, 2003.
In Processed Plastic Company v. U.S., the Court of International Trade (CIT) ruled in favor of Customs' classification of two children's plastic Barbie and Winnie the Pooh backpacks and one children's Barbie beach bag as other travel, sports, and similar bags under 4202.92.45% (20%).
U.S. Customs and Border Protection (CBP) appears to have recently posted to its Web site a memorandum which provides guidance on the classification of festive articles, in light of CBP's June 2005 proposal to limit the court decision in the case of Park B. Smith, Ltd. v. U.S (Park) to the entries litigated.
In Simon Marketing, Inc. and Perseco System Services, L.P. v. U.S., the Court of International Trade (CIT) ruled that a "Pop Topper" watch sold for $1.99 as a promotional article at McDonald's are classified under HTS 9102.91.20 (1998) as a watch with a duty rate of 3.9% on the movement and case and 5.3% on the battery.
The International Trade Administration (ITA) has issued a notice amending its final affirmative antidumping (AD) duty determination for polyethylene terephthalate (PET) film, sheet, and strip from India, as there is now a final and conclusive court decision in this case.
In the August 24, 2005 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 39, No. 35), CBP issued notices: (a) proposing to revoke a classification ruling with respect to Yttria C, and (b) proposing to revoke a classification with respect to a white sauce/dairy spread. CBP states that it is also proposing to revoke any treatment it has previously accorded to substantially identical transactions that are contrary to its position in the proposed revocation notices.
U.S. Customs and Border Protection (CBP) has issued a memorandum describing the terms of a new Harmonized System (HS) Explanatory Note (EN) for heading 4202 on certain containers with an outer surface of grain or split leather that has been coated with a thin layer of plastics or synthetic rubber.
On August 10, 2005, President Bush signed into law (enacted) the conference version of H.R. 3, the "Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users" (SAFETEA-LU).