The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade on April 11 dismissed a suit from Environment One Corp. seeking Section 301 exclusions on 31 entries for failing to state a claim on which relief can be granted. Judge Mark Barnett ruled against the government's motion to dismiss the case pertaining to 23 of the entries for lack of jurisdiction, but he ultimately dismissed the case without prejudice because the plaintiff failed to include in the case's amended complaint key information about the merchandise at issue.
The following lawsuits were recently filed at the Court of International Trade:
Boronized steel tubes, originally classified by CBP as duty-free U.S. goods returned after repairs, are correctly classified as unfinished steel tubes and subject to Section 301 tariffs, DOJ argued in its March 31 motion at the Court of International Trade. The government asked the court to deny a motion by importer Maple Leaf Marketing to dismiss the government's counterclaim (Maple Leaf Marketing v. United State, CIT # 20-03839).
Electronic goods with Chinese components such as notebooks, laptops and modems reimported to the U.S after undergoing repairs in Mexico are still subject to Section 301 tariffs on the repairs, even though the repairs are duty free under USMCA, CBP said in a February ruling.
Counterweights for mini-excavators are not parts for "backhoes" and should be excluded from Section 301 tariffs, manufacturer Norca argued in a March 29 motion at the Court of International Trade. Norca accused the government of obscuring and overcomplicating the distinction between the two equipment types (Norca Engineered Products v. U.S., CIT # 21-00305).
The following lawsuit was recently filed at the Court of International Trade:
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The Court of International Trade should consolidate two classification cases concerning imported incontinence apparel, medical textile contractor Viecura told the court in a March 23 motion. Consolidation would "promote a speedy, just, and inexpensive resolution of cases" and is preferable to the designation of a test case because "the sole issue in these two cases is the same," Viecura said. It also would prevent the need to litigate two cases, while the court resolves the sole issue, Viecura said (Viecura v. U.S., CIT #s 21-00154, -00546).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: