The following lawsuits were recently filed at the Court of International Trade:
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The Customs Rulings Online Search System (CROSS) was updated May 15 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
The following lawsuits were recently filed at the Court of International Trade:
Granting a government counterclaim that unfinished steel tubes are subject to Section 301 tariffs and imposing the additional duties would be an unconstitutional action by the Court of International Trade "imposing a tax solely based on judicial power," Maple Leaf Marketing argued in a May 12 brief at the Court of International Trade (Maple Leaf Marketing v. United States, CIT # 20-03839).
Plaintiffs in the massive Section 301 litigation officially filed on May 12 their notice of appeal of the Court of International Trade's decision upholding President Donald Trump's tariff action on China. The case was filed in the U.S. Court of Appeals for the Federal Circuit. CIT had agreed that the Office of the U.S. Trade Representative complied with Administrative Procedure Act requirements when it set lists 3 and 4A Section 301 tariffs (see 2303170063) (In Re Section 301 Cases, CIT # 21-00052).
The Court of International Trade granted importer Sonos' bid to voluntarily dismiss its case seeking Section 301 refunds on imports of wireless speakers and audio components. Sonos claimed that its imports were granted exclusions to the China tariffs and CBP failed to refund the duties, which totalled over $229,000 (see 2212120056). Erik Smithweiss, counsel for Sonos, said the matter was resolved administratively (Sonos v. United States, CIT # 22-00337).
The Customs Rulings Online Search System (CROSS) was updated May 2 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
CBP illegally denied importer Atlas Power's protest claiming its NVIDIA CMP 170HX printed circuit assemblies were exempt from Section 301 duties, Atlas said in a complaint at the Court of International Trade. The importer said its assemblies, classified under Harmonized Tariff Schedule subheading 8473.30.1180, qualify for a Section 301 exclusion for unfinished logic boards (Atlas Power v. U.S., CIT # 23-00084).
The Office of the U.S. Trade Representative was within its discretion when it declined to reinstate a Section 301 tariff exclusion on water coolers even after the only opposing party withdrew its comments, the DOJ said in an April 28 response to DS Services of America's remand comments at the Court of International Trade (DS Services of America v. United States, CIT # 22-00157).