Trade-Related Court Cases Filed April 6-12
The following lawsuits were filed at the Court of International Trade during the week of April 6-12:
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Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Shamrock Building Materials, Inc., on the classification of electrical conduit. CBP classified the merchandise under subheading 7306.30.1000 (free) or 7306.30.5028 (free), which are subject to Section 232 tariffs (25%). Shamrock says it instead should have been classified under subheading 8547.90.0020 (free). #20-00074. Filed April 6.
Incase Designs Corp., on the classification of sleeves for laptops and tablets, cases for Go Pros and armbands for cell phones. CBP classified the merchandise under subheading 4202.99.9000 (20%). Incase says the sleeves instead should have been classified under subheading 4202.92.9026 (17.6%), the cases for Go Pros under subheading 4202.92.9026 (17.6%), and the armband holders for cell phones under subheading 9506.99.60 (4%), 3926.90.99 (5.3%) or 4016.10.00 (7%). #20-00077. Filed April 7.
Coastal NonWoven, Inc., on the classification of non-woven fabric. CBP classified the merchandise under subheading 5603.92.0090 (free), and said it is subject to Section 301 tariffs on China under subheading 9903.88.03 (10%). Coastal does not dispute the classification but says the merchandise qualified for an exclusion from Section 301 duties under subheading 9903.88.13, and more specifically U.S. Note 20(p)(5). #20-00078. Filed April 9.
Unicatch Industrial Co., Ltd. and TC International, Inc., challenging the Commerce Department's final results of the antidumping duty administrative review on steel nails from Taiwan entered in 2017-18. #20-00079. Filed April 10.
Appeals of CIT Decisions
The following appeals of Court of International Trade decisions were filed at the U.S. Court of Appeals for the Federal Circuit during the week of April 6-12:
U.S. government, appealing a Feb. 6 CIT decision that held an HIV drug imported by Janssen Ortho is duty-free under the Pharmaceutical Appendix to the tariff schedule. CBP had collected about $100 million in duties on the medication in recent years, but CIT found the agency should have allowed it in free under Special Program Indicator “K,” despite the drug’s Chemical Abstracts Service (CAS) Number being unlisted in the appendix (see 2002060058). #20-1663. Opened April 8.
M S International, Inc., appealing a Jan. 30 CIT decision that dismissed its challenge to the initiation of antidumping and countervailing duty investigations on quartz surface products from India and Turkey. #20-1670. Opened April 8.