Recent Court Cases on International Trade for January 22 - 24
The following Court of Appeals for the Federal Circuit and Court of International Trade cases on international trade issues were decided during January 22 - 24, 2008:
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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.
CAFC Affirms CIT Ruling on Plywood Panels
In Timber Products Co., v. U.S., the CAFC affirmed the CIT's decision regarding the classification of plywood panels under HTS 4412.14.30 (a subheading covering other hardwood plywood panels constructed without an outer ply of "Virola," a tropical hardwood). Noting Timber's inability to provide a definite or uniform answer as to wood species covered by the commercial designation "Virola," as well as its inability to verify the actual content in its imported plywood panels, the CAFC affirmed the CIT's decision to sustain Customs' classification.
CAFC Affirms CIT Ruling on Nickel Carbonate
In Metchem, Inc., v. U.S., the CAFC affirmed the CIT's classification decision that the nickel carbonate was properly classified under HTS 7501.20.00. The CAFC ruled that although the subject merchandise is removed at a point in the metallurgical process when the chemical leaching and distilling is performed, it is still an intermediate product of nickel metallurgy.
CIT Orders Duty Absorption Findings Annulled on India Mushrooms
The CIT, on remand from the CAFC, ordered the International Trade Administration to annul its duty absorption findings and conclusions on imports by Agro Dutch Industries of certain preserved mushrooms from India.
CIT Affirms Revocation on Broker's License
The CIT affirmed the decision made by the Secretary of the Department of Homeland Security to revoke Sherri N. Boynton's customs broker's license. The CIT ruled that the DHS Secretary had reviewed the record and the remaining judicially sustained charges after remand, and his determination was reasonable and appropriate.
CAFC ruling on plywood panels (Timber Products Co., v. the U.S., 2007-1136, decided 01/24/08) available at http://www.cafc.uscourts.gov/opinions/07-1136.pdf
CAFC case on nickel carbonate (Metchem, Inc., vs. U.S., 2007-1138, decided 01/22/08) available at http://www.cafc.uscourts.gov/opinions/07-1138.pdf
CIT case on mushrooms from India (Agro Dutch Industries, Ltd., v. U.S., Slip Op 08-12, dated 01/24/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-12.pdf
CIT case on the revocation of a broker's license (Sherri N. Boynton, v. U.S., Slip Op 08-11, dated 01/23/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-11.pdf