The following lawsuits were filed at the Court of International Trade during the weeks of May 15-21 and 22-28:
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.
Fourteen types of frozen fruit mixtures, five of which contain vegetable ingredients, should be classified under Harmonized Tariff Schedule subheading 0811.90.80 as "other" frozen fruits, dutiable at 14.5%, the Court of International Trade ruled. Judge Stephen Vaden said the merchandise is properly classified under heading 0811 since the term "Fruit ... frozen" describes these goods in whole.
The following lawsuits were filed at the Court of International Trade during the week of May 8-14:
Actuator cable assemblies assembled in Mexico from Chinese motors and various parts from China, Taiwan, the U.S. and Mexico are products of China based on the motor's predetermined end use, CBP said in a recent ruling -- the first publicly released that cites the Court of International Trade's recent decision in an origin case involving Cyber Power (see 2302270064).
The following lawsuits were filed at the Court of International Trade during the week of May 1-7:
The following lawsuits were filed at the Court of International Trade during the week of April 24-30.
Heat-treated forged steel rods imported by ME Global are properly classified in the Harmonized Tariff Schedule as "other bars" not further worked than forged, rather than in the importer's preferred classification as "grinding balls and similar articles for mills," the Court of International Trade ruled in a May 2 decision.
The following lawsuits were filed at the Court of International Trade during the weeks of April 10-16 and 17-23.
Importer SXP Schulz Xtruded Products needed a protest to properly challenge CBP's failure to apply a Section 232 duty exclusion on four entries of its steel forged and turned bars, the Court of International Trade ruled. Dismissing the case for lack of subject matter jurisdiction, Judge Jennifer Choe-Groves held that SXP could have filed for an extension of liquidation while it was waiting for the Commerce Department to correct the erroneous exclusion it issued or simply have filed a protest, which would have queued up jurisdiction under Section 1581(a).
The Court of International Trade is considering asking certain plaintiffs in the massive Section 301 litigation how they would like to proceed with claims that are distinct from the ones already decided by the trade court. Speaking at an April 11 status conference with the government and representatives of the 15-member steering committee for the plaintiffs, Judge Mark Barnett asked if the court should ask those plaintiffs whether or not they want to continue to litigate the distinct claims, and if the claims move forward, whether there is any reason to wait to resolve them (In Re Section 301 Cases, CIT # 21-00052).