The following Court of Appeals for the Federal Circuit (CAFC) and Court of International Trade (CIT) cases on international trade issues were dated/decided during May 28 - June 10, 2008:
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 The Pomeroy Collection, Ltd. v. U.S., the Court of International Trade agreed with the importer and ruled that certain non-electric lamps from Mexico, the "Geo Table Lighting", the "St. Tropez CLS", the "St. Tropez Cardinal Bowl", and the "Serenity Votives" were all properly classified as "lights and light fittings" under Harmonized Tariff Schedule (HTS) 9405.50.40 (MX, duty free).
The following Court of Appeals for the Federal Circuit and Court of International Trade cases on international trade issues were dated/decided during May 27 - May 29, 2008:
In U.S. v. UPS Customhouse Brokerage, Inc., the Court of International Trade ruled against UPS on the issues of misclassification of electronic merchandise; the failure to exercise responsible supervision and control of its customs business as required by 19 USC 1641 ("the broker statute"); and on the number of violations found and the monetary penalties assessed.
The following Court of Appeals for the Federal Circuit and Court of International Trade cases on international trade issues were dated/decided during May 7 - 20, 2008:
The following Court of Appeals for the Federal Circuit and Court of International Trade cases on international trade issues were dated/decided during May 1 - 7, 2008:
In Shinyei Corporation of America, v. U.S., the Court of Appeals for the Federal Circuit reversed and remanded for the second time, a case on the amount of antidumping duties owed on shipments of ball bearings imported from Japan by Shinyei in 1990-1991.
In Airflow Technology, Inc. v. U.S., the Court of Appeals for the Federal Circuit reversed and remanded the classification decision to the Court of International Trade to determine whether Sperifilt, a filter media used to filter dirt and other particles in air filtration systems should be classified under HTS 5911.90.00 or 5603.94.90.
The following Court of Appeals for the Federal Circuit and Court of International Trade cases on international trade issues were dated/decided during April 4 - 29, 2008:
In Nufarm America's Inc., v. U.S., the Court of Appeals for the Federal Circuit affirmed the Court of International Trade's determination that 19 CFR 181.53 does not violate the "Export Clause" of the Constitution.