The following lawsuits were filed at the Court of International Trade during the week of Sept. 6-12:
The following lawsuits were filed at the Court of International Trade during the week of Aug. 30 - Sept. 5:
Two Alaskan shipping companies, Kloosterboer International Forwarding and Alaska Reefer Management, filed for a preliminary injunction and a temporary restraining order against CBP penalties for seafood shipments in the U.S. District Court for the District of Alaska. CBP recently continued to issue the penalty notices for companies shipping Alaskan seafood from Alaska to the eastern U.S. via the Bayside, New Brunswick, Canada, port, alleging Jones Act violations. The two companies challenged these penalties in the district court, declaring that they have essentially shut down this critical shipping route that had been previously cleared by CBP as complying with the Jones Act.
The following lawsuits were filed at the Court of International Trade during the week of Aug. 23-29:
The Court of International Trade on Aug. 26 dismissed a steel importer's and purchaser's bid to reliquidate two entries subject to Section 232 steel and aluminum tariffs, saying the plaintiffs had already received the relief available to them from the Commerce Department in the form of a product exclusion but failed to preserve their ability to receive a refund by way of an extension of liquidation or a protest.
Swiss computer peripheral and software company Logitech won its tariff classification challenge in the Court of International Trade, getting duty-free treatment for its webcams and ConferenceCams, per an Aug. 24 decision. Senior Judge Leo Gordon ruled that the webcams fit under Harmonized Tariff Schedule heading 8517, as argued by Logitech, as opposed to heading 8525, dutiable at 2.1%, as suggested by the government. Finding that the products in dispute fall under both headings, Gordon said the duty-free heading describes the goods “with a greater degree of accuracy and certainty.”
The following lawsuits were filed at the Court of International Trade during the week of Aug. 16-22:
CBP cannot limit the amount of drawback that can be claimed on excise taxes, the U.S. Court of Appeals for the Federal Circuit said in an Aug. 23 opinion upholding the Court of International Trade's ruling. Holding that the CBP regulation defied the "clear intent of Congress," the appellate court ruled against the government appeal of CIT's decision, providing a win for the plaintiffs, the National Association of Manufacturers and The Beer Institute.
OtterBox's victory in a Court of International Trade case setting a lower duty rate in a customs challenge on smartphone covers cannot be extended to a prior disclosure made by OtterBox, CIT said in an Aug. 18 opinion. Judge Claire Kelly ruled that the court did not have the jurisdiction to make the determination that entries not part of the Summons of the case should be reliquidated.
The following lawsuits were filed at the Court of International Trade during the week of Aug. 9-15: