The International Trade Commission is seeking public interest comments following a final determination by one of its administrative law judges in a Section 337 investigation on polycrystalline diamond compacts (ITC Inv. No. 337-TA-1236). The ITC in a notice released May 12 said the ALJ issued a final determination on March 3 that found "at least one accused product infringes all asserted claims of the Asserted Patents, but those claims are invalid." The commission then decided to review the ALJ's determination and asked for public interest statements on the effects of a possible exclusion order and/or cease and desist orders.
Ben Perkins
Ben Perkins, Assistant Editor, is a reporter with International Trade Today and its sister publications, Trade Law Daily and Export Compliance Daily, where he covers sanctions, court rulings, and other international trade issues. He previously worked as a trade analyst for a Washington D.C. advisory firm. Ben holds a B.A. in English from the University of New Hampshire and an M.A. in International Relations from American University. Ben joined the staff of Warren Communications News in 2022.
The International Trade Commission is seeking public interest comments following a final determination by one of its administrative law judges in a case concerning portable battery jump starters (ITC Inv. No. 337-TA-1256). The ITC in a notice released May 11 said the ALJ issued a final determination April 29 and recommended a general exclusion order and cease and desist orders. The case followed a Jan. 19, 2021, complaint by NOCO that alleged a long list of companies are manufacturing, importing and selling portable battery jump starters that infringe on NOCO's patent for an improved portable jump-starter incorporating a rechargeable lithium-ion battery and a microcontroller (see 2103220032).
Toasted onion products from China are properly classified under heading 2005 as prepared or preserved onions instead of under heading 0712 as dried onions due to additional processing beyond simple drying, CBP recently ruled.
The Federal Maritime Commission needs cooperation from the trade and logistics community to engage in meaningful enforcement, FMC Chairman Daniel Maffei said. Speaking last week at the annual National Customs Brokers & Forwarders Association of America conference, Maffei said that he has been frustrated that "a lot of people expect the FMC to intervene on the side of small shippers" and don't understand the limits of the commission's authority.
A contract clause between the middleman and the final customer is not proof of a bona fide sale for the purposes of determining whether a transaction is eligible for first sale treatment, CBP said in a recent ruling. Merely citing the clause within a contract does not provide actual proof of the facts of that sale or whether risk of loss and title actually transfer to the middleman before it entered into the transaction with the importer, CBP said in the Feb. 18 ruling, released by the agency April 26. The ruling was a response to an application for further review by Woodcraft Supply LLC, which contests CBP's denial of its first sale valuation of imported merchandise.
The International Trade Commission is asking for submissions on public interest issues in a Section 337 case concerning electrical connectors and cages (ITC Inv. No. 337-TA-1241). The request follows a March 11 initial determination and March 28 recommendation on remedy by Administrative Law Judge Monica Bhattacharyya. The case began with a December 2020 complaint by Amphenol that alleged infringement of five of Amphenol's patents by Luxshare. Amphenol requested a limited exclusion order and cease and desist orders on certain electrical connectors and cages imported by Luxshare. Comments are due April 27.
The Court of International Trade dismissed a case brought by the U.S. government seeking the collection of over $5.7 million in unpaid duties from Katana Racing on passenger vehicle and light truck tires from China. In a March 28 opinion, Judge Thomas Aquilino granted Katana's motion to dismiss based on an expired statute of limitations. The judge ruled that Katana was allowed to revoke an earlier statute of limitations waiver and concluded that without the waiver, any action by CBP is barred by the passage of time (United States v. Katana Racing Inc., d/b/a Wheel & Tire Distributors, CIT #19-00125).
The Court of International Trade ruled that CBP properly classified eight models of gloves imported by Magid Glove & Safety Manufacturing Co. as knit textile gloves, rather than as gloves made of plastics. In a March 25 opinion, Judge Timothy Stanceu sided with the government and ruled CBP correctly classified the gloves imported from China and South Korea in 2015 and correctly denied Magid's 2016 CBP protest (Magid Glove & Safety Manufacturing Co. v. United States, CIT #16-00150).
The submission or completion of CBP and Department of Defense forms related to imports of household goods and personal effects constitutes "customs business" and requires any third-party filers to be licensed customs brokers, the agency said in September ruling that was recently released. The ruling came in response to an internal CBP information request from the Port of Baltimore on the requirements for the submission of CBP forms 3461, 7501, 3299, and DOD Form 1252.
The government can seek reclassification of an importer's merchandise in court at a higher duty rate, even when CBP didn't previously pursue the rate increase against the importer, DOJ said in March 15 brief in support of its counterclaim in a tariff classification suit brought by Cyber Power -- which says the counterclaim sets a dangerous precedent (Cyber Power Systems (USA) Inc. v. United States, CIT #21-00200).