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CAFC Orders CIT to Transfer Pipe Conduit Samples to Appellate Court in Customs Spat

The U.S. Court of Appeals for the Federal Circuit on Oct. 31 ordered the clerk of the Court of International Trade to transfer samples of pipe conduit to the appellate court in a customs case on importer Shamrock Building Materials'…

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electrical conduit entries. In the case, the trade court said the conduits cannot insulate the base metal from the electrical current or the heat in the wire it surrounds, barring classification under Harmonized Tariff Schedule heading 8547. Shamrock is now arguing at the Federal Circuit that the heading, which covers "electric conduit tubing lined with insulating material," is the proper home for the goods (see 2309250037). The appellate court said the pipe conduit samples "may aid the court in its understanding of the issues in this case" (Shamrock Building Materials v. United States, Fed. Cir. # 23-1648).