The following lawsuits were filed at the Court of International Trade during the week of June 7-13.
The Court of International Trade found again that President Donald Trump violated procedural time limits when expanding Section 232 tariffs to steel and aluminum “derivatives,” in a June 10 decision. Citing CIT's prior case on the topic, PrimeSource Building Products Inc. v. United States (see 2104050049), Judges Jennifer Choe-Groves and Timothy Stanceu awarded refunds for tariffs paid to steel fastener importers Oman Fasteners, Huttig Building Products and Huttig Inc. In Oman Fasteners, LLC. et al. v. United States, the court ruled that the president illegally announced the tariff expansion after the 105-day deadline laid out by Section 232, but denied the plaintiff's other two claims, without prejudice, on the procedural violations of the tariff expansion. The panel's third member, Judge Miller Baker, concurred in part and dissented in part.
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.