CAFC Sends Back CIT Decision for Allowing 'Bypass Entries' to Show Established Customs Treatment
The Court of Appeals for the Federal Circuit remanded in part and sustained in part the Court of International Trade's opinion in a Nov. 3 decision amid a customs battle over bicycle seats. The Federal Circuit found the trade court…
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erred in approving CBP's use of "bypass entries" to show the established classification treatment of the bicycle seat imports. However, the three-judge panel at the Federal Circuit upheld CIT's finding of no de facto established and uniform practice. The plaintiff, Kent International, had argued that such a practice existed based on CBP's liquidation of its entries, and the entries of third parties, under its preferred Harmonized Tariff Schedule subheading.