CAFC Says CIT Erred in Ruling That Planning Calendars Are Diaries
The U.S. Court of Appeals for the Federal Circuit held on Dec. 4 that the Court of International Trade erred in ruling that importer Blue Sky the Color of Imagination's planning calendars are classified as diaries under Harmonized Tariff Schedule…
Sign up for a free preview to unlock the rest of this article
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.
subheading 4820.10.20.10. Judges Alan Lourie, William Bryson and Raymond Chen said the trade court violated the principle of stare decisis by going against the CAFC's 2002 ruling in Mead Corp. v. U.S., which interpreted the term "diary" as referring to "retrospective, not prospective" records. However, the Federal Circuit didn't settle on a final subheading for the products at issue, though it noted that the U.S. offered "some seemingly persuasive arguments" for why Blue Sky's goods fall under heading 4820 rather than under heading 4910 as calendars.