Importer Amoena USA will appeal a recent Court of International Trade decision on the classification of the company's mastectomy bras. In February, the trade court said Amoena's mastectomy bras are properly classified under Harmonized Tariff Schedule heading 6212 as brassieres rather than under heading 9021 as an accessory to an artificial part of the body (see 2602270051). The court defined "brassiere" as an "undergarment worn to support breasts," adding that the term "brassiere" in heading 6212 isn't confined to "only natural breasts," as claimed by Amoena. CIT added that the importer's mastectomy bras aren't accessories to an "artificial breast form," since they are a "distinct and separate commercial entity" from artificial breast forms. The issue now will be adjudicated before the U.S. Court of Appeals for the Federal Circuit (Amoena USA v. United States, CIT # 20-00100).
The U.S. backed its motion to dismiss U.S. pencil maker Aloha Pencil Co.'s case against the rescission of an antidumping duty administrative review on Chinese cased pencils, filing a reply brief at the Court of International Trade on April 17 arguing Aloha improperly speculates in its briefing that "broad categories of possible facts are 'necessarily implied' in the legal conclusion asserted" in its amended complaint (Aloha Pencil Company v. United States, CIT # 25-00102).
The Court of International Trade scheduled an April 28 closed hearing in importer ICON EV's motions for a temporary restraining order or preliminary injunction against the imposition of interim measures against its golf cart entries, in a text-only order from Judge Jane Restani. The judge scheduled the hearing after a closed conference with the parties on April 21, writing that as ICON has made clear, "time is of the essence" (ICON EV v. United States, CIT # 26-02759).
The Court of International Trade on April 21 reassigned a case from exporters Kemper AIP Metals and Waelzholz Brasmetal Laminacao contesting the International Trade Commission's affirmative injury finding on corrosion-resistant steel products from Brazil from Judge M. Miller Baker to Judge Timothy Reif (Kemper AIP Metals v. United States, CIT # 26-00764).
Court of International Trade Judge Richard Eaton stayed the lead case on International Emergency Economic Powers Act tariff refunds on April 20, ordering the government to file a report on the progress made during "Phase One" of refund payments made under the Consolidated Administration and Processing of Entries (CAPE) tool. The report is due by 12 p.m. ET on April 28, and a closed settlement conference will be held on the same day. Eaton has been overseeing all IEEPA refund matters, opting to address the issue through one individual case in which the government has been periodically issuing status reports detailing its progress in standing up the CAPE mechanism (see 2604070011) (Euro-Notions Florida v. United States, CIT # 25-00595).
Importer Blue Sky The Color of Imagination's "weekly/monthly planners" are properly classified as "other" registers, account books, notebooks, diaries and the like under Harmonized Tariff Schedule subheading 4820.2010, and not calendars under heading 4910, the Court of International Trade ruled on April 21.
The Court of International Trade on April 17 signed off on a stipulated judgment in which the U.S. agreed to refund Section 232 duties paid on certain entries made by importers Oregon Steel Mills and Interpro Pipe & Steel, according to a stipulated judgment filed at the Court of International Trade following court-led mediation. Judge Leo Gordon, the court-appointed mediator, reported that the mediation led to a settlement of all issues (Oregon Steel Mills v. United States, CIT # 20-03869).
Importer Easy Fat Trading filed a complaint at the Court of International Trade on April 17 contesting the classification of its soy sauces. While CBP classified the sauces under Harmonized Tariff Schedule subheading 2103.90.9091, which covers certain sauces dutiable at 6.4%, Easy Fat said the proper subheading is 2103.10.0000, which covers soy sauce, dutiable at 3% (Easy Fat Trading v United States, CIT # 26-02813).
The U.S. urged the Court of International Trade on April 17 to dismiss importer ICON EV's case contesting CBP's imposition of interim measures on the company's golf carts in an AD/CVD evasion case, while concurrently opposing ICON's requests for a temporary restraining order or preliminary injunction against the interim measures (ICON EV v. United States, CIT # 26-02759).
The International Trade Surety Association penned an amicus brief to the Court of International Trade on April 17, urging Judge Richard Eaton to include International Emergency Economic Powers Act tariff refund payments to sureties as part of its "Phase One" payments under the Consolidated Administration and Processing of Entries (CAPE) tool. The sureties trade group said CBP's decision to limit CAPE to importers and brokers "will inevitably lead to IEEPA tariff refunds being issued to importers, instead of to the sureties who actually paid the IEEPA tariffs directly to Customs," in violation of CBP's own regulations (Euro-Notions Florida v. United States, CIT # 25-00595).