Recent Court Cases on International Trade for March 21 - April 03
The following Court of International Trade cases on international trade issues were dated during March 21 - April 03, 2008:
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CIT Agrees to Hear Case on Importer's Reliance on Revoked Ruling
CBP revoked a NY ruling previously given to International Custom Products on the classification of a milk-based white sauce, resulting in a different classification of the product ICP imported and a significantly higher applicable duty rate. ICP alleged this action violated a number of laws, including the Fifth Amendment's Due Process Clause, as ICP had relied on the ruling and structured three-year purchase and sales agreements, as well as made provisions to commence a food-manufacturing business. The CIT dismissed two of the counts contained in ICP's Complaint, but ruled that the three remaining claims would go forward. (International Customs Products Inc., v. U.S.., Slip Op 08-36, dated 03/31/08)
CBP to Recover Unpaid Duties from Surety Even Though Importer Not Liable
U.S. Customs and Border Protection notified World Commodities Equipment Corp. and Hartford Fire Insurance Co. that they were commencing action to collect unpaid duties and wanted each to waive formal filing procedures. The surety, Hartford, signed and returned the waiver, but WCE did not. CBP failed to serve formal notice on WCE within the required time period and subsequently requested an extension from the Court of International Trade. The CIT denied CBP's request and dismissed the action against WCE; however, the Court allowed the collection action to proceed against Hartford, since they had waived the formal notice. (U.S. v. World Commodities Equipment Corp, et. al., Slip OP 08-35, dated 03/21/08)
CIT Rules Gas Meter Swivels and Nuts within the Scope of AD Order of Malleable Iron Pipe from China
Sango International L.P. appealed the final scope ruling by the International Trade Administration, which determined that gas meter swivels and nuts fell within the scope of the antidumping order on malleable iron pipe fittings from China. The CIT affirmed the initial determination by the ITA. However, in May 2007, the U.S. Court of Appeals for the Federal Circuit reversed that decision, and remanded the case back to the ITA with instructions to consider other criteria such as physical characteristics, ultimate use, and the trade in which the product is sold. Following ITA's reconsideration, the CIT ruled that substantial evidence supported the ITA's conclusion that gas meter swivels and nuts are within the scope of the AD order. (Sango International L.P., v. U.S. et al., Slip Op. 08-37, dated 04/03/08)
CIT International Customs Products case (International Customs Products Inc., v. U.S.., Slip Op 08-36, dated 03/31/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-36.pdf
CIT WCE ruling (U.S. v. World Commodities Equipment Corp, et. al., Slip Op. 08-35, dated 03/21/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-35.pdf
CIT ruling on gas meter swivels and nuts (Sango International L.P., v. U.S. et al., Slip Op. 08-37, dated 04/03/08)) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-37.pdf