CBP improperly classified certain toy lips as candy under Harmonized Tariff Schedule Chapter 17 instead of "other toys" under Chapter 95, said importer Imaginings, doing business as Flix Candy, in a complaint last week at the Court of International Trade. Flix said that while the lips consist of two components, the plastic lips and a candy lollipop, the lips give the item its "essential character" and thus qualify the goods for Chapter 95 classification (Imaginings 3, d/b/a Flix Candy v. United States, CIT # 21-00403).
Two 3D-printing pen kit importers moved for judgment Aug. 25 saying their products are demonstrably toys, not hand tools, based on the Carborundum factors (Quantified Operations v. United States, CIT # 22-00178).
The following lawsuit was filed recently at the Court of International Trade:
The International Trade Commission erred in finding that the U.S. industry wasn't materially injured by solar cell imports from Thailand and Cambodia, the American Alliance for Solar Manufacturing Trade Committee argued in an Aug. 22 complaint at the Court of International Trade (American Alliance for Solar Manufacturing Trade Committee v. United States, CIT # 25-00163).
In response to U.S. opposition (see 2507180057) to its motion for judgment (see 2501270012), exporter Soc Trang Seafood Joint Stock Co. said again that the Commerce Department’s use of Thailand as a surrogate for its countervailing duty review’s land rental prices calculation wasn’t relying on the best available evidence (Soc Trang Seafood Joint Stock Co. v. United States, CIT # 25-00030).
The Commerce Department on remand at the Court of International Trade deselected exporter Shandong Linglong Tyre as a mandatory respondent in the 2016-17 administrative review of the antidumping duty order on passenger vehicle and light truck tires from China. The agency then granted Linglong separate rate status in the review, assigning the company a 41.36% AD rate (YC Rubber Co. (North America) v. United States, CIT Consol. # 19-00069).
CBP issued a ruling that "effectively modified" a limited exclusion order prohibiting imports of Apple Watches containing pulse oximeters that infringe Masimo's patents, allowing Apple to bypass the ban, the U.S. medical product company told the U.S. District Court for the District of Columbia in an Aug. 20 complaint (Masimo Corp. v. U.S. Customs and Border Protection, D.D.C. # 25-2749).
Court of International Trade Judge M. Miller Baker remanded Aug. 22 the Commerce Department’s decision to combine Belgian citric acid review respondent Citribel’s quarterly raw material costs with its annualized conversion costs.
The U.S. is using "magical thinking" as the basis for its defense in the case against the legality of tariffs imposed under the International Emergency Economic Powers Act, said Rick Woldenberg, CEO of Hand2Mind and Learning Resources, the plaintiffs in the suit currently at the U.S. Court of Appeals for the D.C. Circuit.
In remand results released Aug. 15, the Commerce Department maintained its application of adverse facts available to Vietnamese exporters investigated in a solar cells circumvention inquiry (Trina Solar (Vietnam) Science & Technology Co. v. United States, CIT # 23-00228).