The Court of International Trade ruled that Customs correctly classified plaintiff The Pomeroy Collection’s decorative glass “pillar plates,” floor-, and wall-mounted vessels, designed for use as candle holders, as “Glassware of a kind used for . . . indoor decoration or similar purposes” under Harmonized Tariff Schedule heading 7013, dutiable at 4.3 to 18 percent. Pomeroy had attempted to argue that the merchandise was classifiable under heading 9405 (“Lamps and lighting”), or alternatively, heading 9403 (“Other furniture and parts thereof”), both of which enter duty-free from Mexico. CIT said heading 9405 did not apply because the merchandise was not shipped with candles and was not specifically designed to hold candles. Heading 9403 didn’t apply because the goods were decorative, not utilitarian, CIT said.
Samsung International appealed a Nov. 21 Court of International Trade ruling that its plasma screen televisions imported from Mexico were not eligible for NAFTA duty-free treatment. CBP had found, and the court agreed, that a part of the televisions were flat panel screen assemblies, which are not covered by any NAFTA tariff-shift rule of origin.
The Court of International Trade sustained a remand redetermination of the 2008-09 antidumping duty administrative review of polyethylene terephthalate film, sheet, and strip from China (A-570-924). At issue in the remand was the International Trade Administration’s choice of surrogate data to value polyethylene terephthalate chips used by Fuwei Films to produce its film, among other issues. DuPont challenged the remand, but the court found the company’s arguments unavailing because they had earlier argued opposite positions. As a result of the remand, Fuwei Films’ AD rate for the 2008-09 review fell to 0.27 percent, and Green Packing’s to zero.
The Court of International Trade remanded the final results of the final results of the 2009-10 antidumping duty administrative review of pure magnesium from China (A-570-864), because the International Trade Administration improperly rejected a late submission alleging fraud. While the ITA has the power to enforce its deadlines, CIT said, fraud allegations are a special circumstance. CIT also remanded for further consideration the ITA’s selection of three surrogate values, including two on voluntary remand.
Three Seattle-area men, a Chinese man, and two companies from the U.S. and China were indicted Jan. 17 for conspiracy to traffic in counterfeit goods, said Immigration and Customs Enforcement. U.S.-based ConnectZone.com, an electronics distributor, as well as its owner Daniel Oberholtzer, sales manager Warren Lance Wilder, and production manager Edward Vales, 31, are alleged to have sold counterfeit network products bearing the trademark of Cisco Systems through their online store, ICE said. They falsely advertised the knockoffs as genuine and offered them for sale at a much lower price than genuine Cisco products, it alleged.
A Hong Kong man was arrested Jan. 14 at San Francisco International Airport on charges of selling stolen U.S. military equipment and smuggling that equipment and other items into the U.S., said Immigration and Customs Enforcement. Kwok Kuen Leung faces a maximum of 152 years if convicted.
A Pennsylvania man was sentenced to 42 months in prison Jan. 17 for violations of the International Emergence Economic Powers Act, said the Department of Justice. Timothy Gormley failed to get Bureau of Industry and Security licenses for controlled items, and falsified documents to make it appear that he had obtained the required authorizations. According to DoJ, Gormley said he was swamped at work and too busy to go through the licensing process.
C.H. Robinson appealed the Court of International Trade’s November ruling finding the company liable for over $100,000 in unpaid duties, plus pre- and post-judgment interest, on wearing apparel from China entered for transportation and exportation (T&E) to Mexico but allegedly diverted into U.S. commerce. In the appealed opinion, CIT did not allege C.H. Robinson was party to the diversion scheme, but found that as carrier C.H. Robinson was liable for payment of the duties. C.H. Robinson provided proof of arrival at the port of exportation, but could not prove actual exportation of the merchandise after a CBP investigation indicated the merchandise was missing.
The Court of International Trade granted the government’s motion to amend its complaint on the third try in an action seeking penalties from Active Frontier International for false country of origin statements on entry documentation. CIT denied the penalty action without prejudice in August, because the government didn’t prove that all of AFI’s misstatements were material, as required by 19 USC 1592 for imposition of a penalty. The government’s first motion to amend was denied in early October because it didn’t include the actual amended complaint, and its second motion to amend the complaint was withdrawn later that month.
The Court of International Trade ruled in favor of plaintiff GRK Canada in its challenge of CBP’s Harmonized Tariff Schedule Classification of its screws, arriving at General Rule of Interpretation 3(c) to do so. CBP had classified GRK’s screws under HTS subheading 7318.12.00 as “other wood screws,” dutiable at 12.5 percent. GRK protested, arguing its screws were instead correctly classified under HTS subheading 7318.14.10 as “self-tapping screws,” dutiable at 6.2 percent. CIT said the screws fit into both categories, and neither subheading more specifically describes the goods. So the tie went to the heading occurring last in numerical order per GRI 3(c), and GRK’s proposed “self-tapping screws” classification prevailed.