CIT Reinstates Warby Parker's Suit on Section 301 Exclusions for Glasses Frames, Lenses
The Court of International Trade set aside its previous dismissal for lack of prosecution of importer Warby Parker's case on the applicability of Section 301 exclusions to its glasses frames and lenses. Judge Timothy Reif agreed to restore the case to the customs case management calendar and extend the time for the case to remain on the calendar for another six months (Warby Parker v. United States, CIT # 23-00042).
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Warby Parker asked the court to set aside the dismissal for "good cause," noting that the parties have been "engaged in fruitful efforts toward amicable settlement" of the case over the past six months. Michael Cone, counsel for the importer, said in the motion that he was expecting a "swift resolution" of the matter "since CBP granted dozens of Warby’s other materially identical protests which were filed subsequently to those at issue herein."
Cone added that this was the first case he's filed since "substantial revisions were made to the calendaring provisions of Rule 83, and therefore believes the failure to file a request for an extension of time to remain on the Calendar while CBP was in the process of reviewing the requested draft stipulated judgment amounts to excusable neglect under the totality of circumstances."
Warby Parker brought the case to argue that its frames and lenses classified under Harmonized Tariff Schedule subheading 9004.90.0000 and secondary subheading 9903.88.15 qualify for Section 301 exclusions (see 2303070024).