Hoverboards are toys, not transportation devices, an importer argued in a motion for judgment filed July 12 in one of a couple of identical classification disputes it has brought in recent years (see 2110150056 and 2112100053) (3BTech v. U.S., CIT # 21-00026).
Citing the recent overturning of Chevron, a Belgium citrate exporter on July 12 attacked the Commerce Department’s method of determining whether an administrative review respondent has faced “significant” cost fluctuations during their period of review (Citribel v. U.S., CIT # 24-00010).
Importer Atlas Power is attempting to use a U.S. request to withdraw an admission of fact in a customs case to root out the government's "alternative classification" of the graphics processing units at issue, the U.S. said following Atlas' opposition to the U.S. motion (Atlas Power v. United States, CIT # 23-00084).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
No lawsuits were recently filed at the Court of International Trade.
The Solar Energy Industries Association told the U.S. Court of Appeals for the Federal Circuit that the Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo scrapping the doctrine of Chevron deference to federal agencies should compel the appellate court to overturn the deferential standard established in Maple Leaf Fish Co. v. United States (see 2406280051) (Solar Energy Industries Association v. United States, Fed. Cir. # 22-1392).
Importer Performance Additives will appeal a May Court of International Trade decision finding that a duty drawback claim becomes deemed liquidated after one year if the underlying import entries are also liquidated and final, with finality defined as the end of the 180-day window in which to file a protest with CBP (see 2405310073). Judge Jane Restani said that as a result one of Performance Additives' drawback claims was deemed liquidated but another of its claims wasn't, since its entries weren't liquidated and final within one year of the claim being made. The importer will take the case to the U.S. Court of Appeals for the Federal Circuit (Performance Additives v. United States, CIT # 22-00044).
The International Trade Commission told the Court of International Trade on July 3 that it fully responded to the court's instructions when it reconsidered the data it relied on when measuring in-scope imports from Germany and Mexico, despite claims to the contrary from Russian pipe exporter PAO TMK (PAO TMK v. U.S., CIT # 21-00532).