Pursuant to the Offset Act1, also known as the Byrd Amendment, U.S. Customs and Border Protection has issued notice of its intent to distribute assessed antidumping or countervailing duties for fiscal year 2009.
In Aectra Refining and Marketing, Inc. v. U.S., the United States Court of Appeals for the Federal Circuit affirmed the ruling issued by the Court of International Trade that Aectra was not entitled to drawback for Merchandise Processing Fees (MPF) and Harbor Maintenance Taxes (HMT) paid on certain imports.
The following cases involving antidumping or countervailing duty (AD/CVD) issues were decided at the Court of International Trade (CIT) and the Court of Appeals for the Federal Circuit (CAFC) in April 2009.
In Global Scouring Group, Inc. v. U.S., the Court of International Trade ruled that certain binders made with a rigid paperboard core are properly classified under Harmonized Tariff Schedule 4820.30.001, which covers binders (other than book covers), folders and file covers, a duty free provision.
In Volkswagen of America, Inc. v U.S., the Court of International Trade has ruled that if repairs were made pursuant to federal emissions recalls, there was sufficient evidence to conclude that the defects existed at the time of importation, and that Volkswagen was therefore entitled to an allowance for the value of the related repairs.
In Archer Daniels Midland Company v. U.S., the Court of Appeals for the Federal Circuit reversed the Court of International Trade regarding the classification of a deodorizer distillate ("DOD"), a residue from the production of edible soybean oil.
In Inn Foods, Inc. v. U.S., the Court of Appeals for the Federal Circuit affirmed the Court of International Trade's ruling that Inn Foods was liable for monetary penalties under 19 USC 1592(a) and unpaid duties under 1592(d) on imports of frozen vegetables that were entered using fraudulent values.
In Esso Standard Oil Co. (PR) v. U.S., the Court of Appeals for the Federal Circuit affirmed the decision by the Court of International Trade not to refund the overpayment of Harbor Maintenance Tax collected on shipments of petroleum products transported from one insular possession to another, which had not been protested in a timely manner under 19 USC 1520(c).
In Millenium Lumber Distribution Ltd. v. U.S., the Court of Appeals for the Federal Circuit agreed with the Court of International Trade and U.S. Customs and Border Protection that the correct classification of certain cut lumber was under Harmonized Tariff Schedule heading 4407.
The International Trade Administration has issued a "Timken" notice of a Court of International Trade (CIT) decision not in harmony with the International Trade Commission's final negative injury determinations in the antidumping duty investigations of diamond sawblades and parts thereof from China and Korea.