The Court of International Trade on Dec. 4 granted importer Incase Design Corp.'s voluntarily dismissal of its suit on the classification of its iPad and iPhone cases. Incase brought the suit in 2016 to contest CBP's classification of the goods under Harmonized Tariff Schedule subheadings 3926.10.00, dutiable at 5.3%, and 3926.90.99, dutiable at 5.3%. The company said the goods should have been classified under subheading 4820.30.00, free of duty, or subheading 8473.30.51, free of duty (Incase Design Corp. v. United States, CIT # 16-00181).
Judges at the U.S. Court of Appeals for the Federal Circuit on Dec. 4 questioned importer Nature's Touch Frozen Foods (West) and the government regarding the tariff classification of frozen fruit mixtures. Judge Todd Hughes led the bulk of the questioning, pushing Nature's Touch on how to classify the goods if the court finds that the mixtures aren't food preparations, as claimed by the company, and how they should be classified instead under Harmonized Tariff Schedule heading 0811, which covers certain frozen fruit (Nature's Touch Frozen Foods (West) v. U.S., Fed. Cir. # 23-2093).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following lawsuit was recently filed at the Court of International Trade:
The Commerce Department properly picked the benchmark data for two subsidy programs received by respondent Jiangsu Zhongji Lamination Materials in the 2017-18 review of the countervailing duty order on aluminum foil from China, the Court of International Trade held in a decision made public Dec. 3.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following lawsuits were recently filed at the Court of International Trade:
Foreign-trade zone goods become "importations" for duty drawback purposes when they are admitted into an FTZ, rather than when they are entered for consumption into the U.S., the government told the Court of International Trade on Nov. 27, urging it to dismiss a lawsuit from importer King Maker Marketing challenging the rejection of its duty drawback claims. As a result, King Maker's drawback claims are untimely, since they were brought over five years since the underlying cigarette entries were admitted into the FTZ, the government said (King Maker Marketing v. United States, CIT # 24-00134).
The EU officially filed dispute settlement consultations at the World Trade Organization with China regarding its provisional antidumping duties on EU brandy imports after announcing the move last week (see 2411250014), the WTO announced. The move opens a 60-day window for the parties to negotiate an end to the conflict, after which a dispute settlement panel can be requested.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: