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:
CBP seemed to open up the possibility for a new de minimis provision under forced labor withhold release orders, but more guidance is needed to determine its impact, Mayer Brown said in an Aug. 16 post. The post focused on an answer released in a recent CBP set of frequently asked questions on the WRO on silica-based products made by Hoshine Silicon Industry Co. in Xinjiang, China (see 2108030026). “CBP now appears willing to use its authority to enforce US law on the use of forced labor (19 U.S.C § 1307) to provide importers with flexibility when their imports contain de minimis amounts of product produced with forced labor,” the firm said. “However, until more guidance develops on how CBP intends to implement this policy, manufacturers and US importers should be wary of relying on it too heavily.”
The following lawsuits were filed at the Court of International Trade during the week of Aug. 2-8:
The following lawsuits were filed at the Court of International Trade during the week of July 26 - Aug. 1:
The following lawsuits were filed at the Court of International Trade during the week of July 19-25:
The following lawsuits were filed at the Court of International Trade during the week of July 12-18:
A spice company's challenge to a $50,000 penalty for failing to export a shipment of tamarind from Mexico was dismissed from the Court of International Trade for a lack of subject matter jurisdiction, Judge Timothy Stanceu said in a July 19 opinion. CIT found that the case was untimely filed in the court and that the complaint is over a Food and Drug Administration decision merely carried out by CBP.
The following lawsuits were filed at the Court of International Trade during the week of July 5-11