US Seeks Partial Dismissal of Case Involving Power Supplies and Cables Entry
The U.S. sought partial dismissal May 7 of power cables importer PowerTec Solutions’ 2022 case seeking Section 301 duty refunds. Specifically, it said that one of the importer’s administrative protests was insufficient to support a subsequent legal challenge (PowerTec Solutions International v. United States, CIT # 22-00322).
Sign up for a free preview to unlock the rest of this article
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.
PowerTec brought its complaint claiming an entry of power supplies and cables that was re-imported after repairs should only have been assessed duties on the value of those repairs (see 2411250072). But its protest included “no statement, and no indication,” that the importer was challenging payment of all duties on its products, the government said -- only that it was challenging the application of Section 301 duties to its imported “power supply.”
It noted that a similar case, Tail Active Sportswear, was illustrative. In that case, an importer entered both women’s and males’ clothing in one entry, but then filed a protest against CBP’s classification of the entry based only on the women’s clothing. Because of that, the protest was found not to “distinctively and specifically” define the category of merchandise that was its subject.
The same was true of this case, it said. It asked the court to dismiss all claims relating to the imported cables.