The International Trade Commission has determined to rescind in part the limited exclusion order issued in its patent-based investigation of certain silicon microphone packages and products containing the same (337-TA-720) against respondent MEMS Technology Berhad.
The Court of International Trade has ruled in the test case Airflow Technology, Inc., v. U.S., that Sperifilt air filter media is properly classified as a duty-free nonwoven in HTS heading 5603 and not a textile fabric or article under heading 5911 as argued by Customs. The CIT stated that the Sperifilt is not classifiable in heading 5911 because, according to Chapter 59 Note 7, the Sperifilt is not a "textile fabric", is not similar to textile fabrics used for card clothing, and is not a "textile article."
The Court of International Trade has ruled in The Container Store v. U.S., that the elfa® system of top tracks and hanging standards is classifiable as duty-free unit furniture under heading 9403, and not as other mountings for furniture in heading 8302. Using reasoning from a recent Appeals Court decision, the CIT explained that because the elfa® is designed to be hung, it falls within an exception that includes it in the heading 9403 definition of furniture, and because of its versatility, it is qualified to be considered 9403 unit furniture.
The Court of International Trade has ruled in a test case, Firstrax, Div. of United Pet Group, Inc., v. U.S., that certain soft crates for pets are classifiable as made up (textile) articles in heading 6307 and not as cases in heading 4202 as classified by Customs. The CIT explained that the soft crates did not meet the four essential characteristics of the goods listed in heading 4202; they did not (1) organize, (2) store, (3) protect, and (4) carry various items.
The Court of Appeals for the Federal Circuit has affirmed a Court of International Trade decision to uphold Custom's classification of LeMans Corporation's motocross jerseys and pants, and motorcycle jackets as apparel under Chapters 61 and 62 of the Harmonized Tariff Schedule. The CAFC stated that the articles are not classifiable as sports equipment in Chapter 95 as they are designed for comfort, worn on the body, and because specialization doesn't exclude articles from being classified as apparel.
Since the failure of the Totes-Isotoner case on the unconstitutionality of different U.S. tariff rates for men’s and “other” gloves and pending the outcome of a new “test case,” over 120 apparel importers have filed their own suits at the Court of International Trade to challenge the constitutionality of different, gender-based tariff rates for apparel and footwear products.
In Arko Foods International, Inc., v. U.S., the Court of Appeals for the Federal Circuit upheld a 2009 Court of International Trade judgment that although mellorine is a dairy product, it is not an article of milk as milk doesn't provide its essential character. Instead, the frozen dairy product it is classifiable as other edible ice.
The Court of Appeals for the Federal Circuit has reversed and remanded1 a Court of International Trade decision that had barred a surety from suing on a claim that arose after the protest period expired. The litigant, Hartford Fire Insurance Company, claimed that CBP's failure to disclose certain criminal information about its client, an importer of crawfish from China, made its bond voidable at Hartford’s election.
Following the May 2008 - April 2009 AD administrative review of ball bearings from France, Germany, Italy, Japan, & the U.K., the Court of International Trade refused to dismiss a challenge to two controversial agency practices brought by SKF France S.A. and affiliates. SKF’s complaint cited the International Trade Administration's practice of issuing liquidation instructions 15 days after publishing final results and its practice of zeroing (excluding the value of non-dumped transactions in the dumping margin calculation).
The International Trade Commission has issued a general exclusion order and three cease and desist orders in its section 337 patent-based investigation of certain foam footwear (337-TA-567), pursuant to the appeals court's overturn and remand of the ITC's previous finding of no patent violation. ITC has also terminated the investigation.