The following lawsuits were filed at the Court of International Trade during the weeks of May 24 - June 6.
The U.S. Court of Appeals for the Federal Circuit on June 2 upheld a Court of International Trade ruling that S.C. Johnson's Ziploc brand reclosable sandwich bags are classified under Harmonized Tariff Schedule heading 3923 as articles for the conveyance or packing of other goods, dutiable at 3%, as opposed to heading 3924 as plastic household goods, which would be eligible for duty-free Generalized System of Preferences benefits program treatment. Since the bags could fall under either heading 3923 or 3924, heading 3923 is the correct home for the bags since its terms are "more difficult to satisfy and describe the article with a greater degree of accuracy and certainty," the Federal Circuit said.
The following lawsuits were filed at the Court of International Trade during the week of May 17-23.
San Diego company EcoShield and its owner Samir Haj pleaded guilty in federal court to illicitly importing, selling and mailing a pesticide marketed as a killer of viruses such as COVID-19. According to a May 25 press release from the Office of the U.S. Attorney for the Southern District of California, Haj imported the pesticide packaged as small badges from Japan, labeled it as an air purifier and lied on declaration forms, leading to a customs duty underpayment of $33,919. Further, the product, called EcoAirDoctor, contained the ingredient sodium chlorite, which is illegal to mail because it is flammable. Haj illegally shipped the pesticide via U.S. mail. In the plea agreements, EcoShield and Haj agreed to forfeit $427,689 from the sale of the product and pay restitution of $86,754 for the unpaid duty costs and costs of disposing of the product. The defendants also paid a $42,000 fine.
The following lawsuits were filed at the Court of International Trade during the week of May 10-16.
The following lawsuits were filed at the Court of International Trade during the week of May 3-9.
The following lawsuits were filed at the Court of International Trade during the week of April 26 - May 2:
The U.S. Court of Appeals for the Federal Circuit on April 26 upheld a recent lower court ruling that found an active pharmaceutical ingredient imported by Janssen Ortho eligible for duty-free treatment. In line with a February 2020 Court of International Trade decision, the Federal Circuit found darunavir ethanolate, the active ingredient in a Janssen HIV medication, is encompassed by a listing in the tariff schedule's Pharmaceutical Appendix for darunavir.
The Court of International Trade's newest judge, Stephen Vaden, issued his first opinion with the court on April 21, dismissing tire importer Strategic Import Supply's challenge of CBP's assessment of countervailing duties on its imports of passenger vehicle and light truck tires from China. Vaden found that the importer's protest was filed too late, holding the 180-day deadline for protests runs from the date of liquidation, rather than the date CBP received updated assessment instructions from Commerce after Commerce amended rates set in the relevant CV duty administrative review.
Judge Kimberly Moore will become the next chief judge of the U.S. Court of Appeals for the Federal Circuit on May 22, the court announced in an April 21 press release. Moore, a President George W. Bush appointee in 2006, will succeed Chief Judge Sharon Prost, who has served in the role of chief judge since 2014. Prost will be statutorily unable to serve in the position when her seven-year term ends in May, a few days before her 70th birthday. The law requires the chief judge of the Federal Circuit to be under 64 years of age when assuming the role.