Rulings, remedies and court proceedings for customs and trade professionals

Exporter to Appeal Claim on Whether Sales From Canadian Warehouse to US Buyers Are for Export

Exporter Midwest-CBK will appeal a May 2022 Court of International Trade decision, which said that sales from a Canadian warehouse to U.S. customers are sales "for exportation to the United States" instead of "domestic sales." After losing on this claim…

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last year, the case shifted to an inquiry into the value of the goods. Midwest-CBK said that, due to its business model, it couldn't litigate this issue, and so it made the decision to ditch this claim so it could appeal its original argument (see 2310200054). Per its Nov. 8 notice of appeal, the exporter will take its suit to the U.S. Court of Appeals for the Federal Circuit (Midwest-CBK v. United States, CIT # 17-00154).