A product must include non-extruded aluminum parts to qualify for the finished merchandise exemption from antidumping and countervailing duties on aluminum extrusions from China (A-570-967/C-570-968), the U.S. Court of Appeals for the Federal Circuit said in a Nov. 6 decision. Aluminum pallets imported by Perfectus Aluminum don’t have any such parts, and are covered by the AD/CVD orders, the appeals court said, affirming a Commerce Department scope ruling.
The U.S. Court of Appeals for the Federal Circuit on Aug. 28 upheld several lower court rulings that found masonry anchors are not subject to antidumping duties on steel nails from China and Vietnam. Affirming three Court of International Trade decisions issued in 2018 (see 1805290053, 1809240016 and 1810020020), the appeals court held that anchors imported by OMG, Simpson Strong-Tie and Midwest Fastener do not function as nails, and so aren’t covered by the scope language in the AD duty orders.
International Trade Today is providing readers with some of the top stories for June 29-July 2 in case they were missed.
The U.S. Court of Appeals for the Federal Circuit on June 2 affirmed a lower court ruling that found plastic Apple iPad 2 “smart cover” cases are classifiable in the tariff schedule as articles of plastic, not as accessories for automatic data processing machines, despite their additional function as a stand.
Goodluck India Limited is now exempt from antidumping duties on cold-drawn mechanical tubing of carbon and alloy steel from India (A-533-873), the Commerce Department said. A court-ordered recalculation of Goodluck's AD rate from the final determination of the AD duty investigation resulted in the company’s rate dropping to zero. Companies that receive zero rates in original AD duty investigations are permanently exempt from the resulting AD duty orders.
A listing of recent antidumping and countervailing duty messages from the Commerce Department posted to CBP's website March 11 along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADD CVD Search page.
Importation of a product bearing an Underwriters Laboratories certification mark before UL approves that specific product for certification is trademark infringement, and such goods are subject to forfeiture, the U.S. Court of Appeals for the Federal Circuit said in a March 11 decision. Affirming a 2018 ruling from the Court of International Trade (see 1901100034), the Federal Circuit found ICCS, though approved to put UL marks on some of its imported butane canisters, infringed UL’s trademarks when it imported similar canisters prior to UL’s approval of its multiple listing request.
CBP needs to provide more information about the intended reach of the agency's proposal to limit Court of International Trade and U.S. Court of Appeals for the Federal Circuit rulings involving locking pliers (see 1911190036), two tool companies said in comments filed in opposition to the proposal. The comments, submitted in December by lawyers for the Milwaukee Electric Tool Corporation and the Apex Tool Group, were provided by CBP in response to a Freedom of Information Act request. Both companies said they filed protests with CBP on similar merchandise. The comments were due to CBP by Dec. 20.
International Trade Today is providing readers with some of the top stories for Feb. 24-28 in case they were missed.
The U.S. Court of Appeals for the Federal Circuit on Feb. 28 upheld the constitutionality of Section 232 tariffs on iron and steel products, affirming a 2019 Court of International Trade decision in a closely followed case brought by the American Institute for International Steel.