The following Court of Appeals for the Federal Circuit (CAFC) and Court of International Trade (CIT) cases on antidumping and countervailing duty issues were dated or decided in the first half of June, 2009.
Court of International Trade
The United States Court of International Trade is a federal court which has national jurisdiction over civil actions regarding the customs and international trade laws of the United States. The Court was established under Article III of the Constitution by the Customs Courts Act of 1980. The Court consists of nine judges appointed by the President and confirmed by the Senate and is located in New York City. The Court has jurisdiction throughout the United States and has exclusive jurisdictional authority to decide civil action pertaining to international trade against the United States or entities representing the United States.
In Heartland By-Products, Inc., v. U.S., the Court of Appeals for the Federal Circuit reversed the Court of International Trade, ruling that the CIT erred by not allowing retroactive classification treatment at the higher Tariff Rate Quota (TRQ) rate on imports of sugar syrup from Canada in accordance with an earlier decision by the CAFC (Heartland II CAFC 00-1287-1289).
In Honda of America Mfg., Inc., v. U.S., the Court of International Trade ruled that certain oil bolts containing cross-sectional holes specially designed to permit the unimpeded flow of brake or transmission fluids are classified under HTS 7318.15.80 (as other screws and bolts) at a rate of duty of 8.5 percent ad valorem and not as a part or accessory of motor vehicle under 8708 or 8714.
The following Court of Appeals for the Federal Circuit (CAFC) and Court of International Trade (CIT) cases on antidumping and countervailing duty issues were dated or decided in May 2009.
In Aectra Refining and Marketing, Inc. v. U.S., the United States Court of Appeals for the Federal Circuit affirmed the ruling issued by the Court of International Trade that Aectra was not entitled to drawback for Merchandise Processing Fees (MPF) and Harbor Maintenance Taxes (HMT) paid on certain imports.
The following cases involving antidumping or countervailing duty (AD/CVD) issues were decided at the Court of International Trade (CIT) and the Court of Appeals for the Federal Circuit (CAFC) in April 2009.
In Global Scouring Group, Inc. v. U.S., the Court of International Trade ruled that certain binders made with a rigid paperboard core are properly classified under Harmonized Tariff Schedule 4820.30.001, which covers binders (other than book covers), folders and file covers, a duty free provision.
The National Customs Brokers & Freight Forwarders' Association has filed an amicus curiae brief at the Court of International Trade in Lizarraga Customs Broker v. Customs and Border Protection ,et al.
The Court of International Trade is currently considering the case of Lizarraga Customs Broker v. Bureau of CBP et al. regarding U.S. Customs and Border Protection's deactivation of the entry filer code of a customs broker who, according to CBP, sold the use of his code to unauthorized third parties and repeatedly misused it in other ways.
In Volkswagen of America, Inc. v U.S., the Court of International Trade has ruled that if repairs were made pursuant to federal emissions recalls, there was sufficient evidence to conclude that the defects existed at the time of importation, and that Volkswagen was therefore entitled to an allowance for the value of the related repairs.