In Heartland By-Products, Inc., v. U.S., the Court of International Trade has ruled on remand that entries covering imported sugar syrup from Canada must be liquidated at the non-tariff rate quota duty rate specified in an advance ruling issued by U.S. Customs as required by the judgment initially issued by the CIT in Heartland I.
In U.S. v. Ford Motor Company, the Court of International Trade ruled that the Customs was entitled to interest on any unpaid duties from the date of Custom's demand for payment until the original July 20, 2005 judgment (see Ford CIT Slip Op. 05-86).
In U.S. v. National Semiconductor Corporation, the Court of Appeals for the Federal Circuit vacated the Court of International Trade's final judgment and remanded the case to the CIT to determine an appropriate penalty for negligence and any prejudgment interest related to an underpayment of merchandise processing fees (MPFs) under 19 USC 1592 (See NSC III CIT Slip OP. 06-138).
In U.S. v. Inn Foods, Inc., the Court of International Trade ruled on remand from the Court of Appeals for the Federal Circuit that entries filed by Inn Foods covering imported frozen Mexican produce from 1987 to 1990 were undervalued, and these actions constituted a fraudulent violation under 19 USC 1592. (See U.S. v. Inn Foods, Inc., CAFC 04-1035.
In BASF Corporation v. U.S., the Court of Appeals for the Federal Circuit re-affirmed the decision by the Court of International Trade that an imported product identified as polyisobutylene-amine diluted in a saturated hydrocarbon solvent, with the trade name PURADD FD-100, is properly classified by its use, in HTS 3811.90.00.
The Directorate of Defense Trade Controls has issued a statement announcing that all networks supporting DDTC will be off-line between the hours of 6 am and 12 noon on Sunday, September 23. Consequently, the DDTC Web site and D-Trade will not be accessible. (DDTC statement, dated 09/18/07, available at http://www.pmddtc.state.gov/dddtc_website_unavailable.htm)
According to sources at the Court of Appeals for the Federal Circuit and numerous press reports, on September 12, 2007, the CAFC granted a stay pending appeal that will allow seven companies to import handsets (e.g., cellular phones) containing Qualcomm chips into the U.S. that were banned by the International Trade Commission under a limited exclusion order.
In Michael Simon Design, Inc. v. U.S., the Court of Appeals for the Federal Circuit re-affirmed the decision by the Court of International Trade (Slip Op. 06-128), that certain 2003 imports of sweaters decorated with certain Christmas or Halloween motifs were classified as "festive articles" under heading 9505 in the Harmonized Tariff Schedule.
In Ford Motor Company v. U.S., the Court of Appeals for the Federal Circuit agreed with Customs and reversed the Court of International Trade's decision on waiver procedures and Customs' ability to pursue civil penalties under 19 USC 1592.
The U.S. Court of Appeals for the Federal Circuit reviewed the decision of the U.S. Court of International Trade in Cummins Incorporated v. U.S. and affirmed CIT's finding that the crankshafts imported into the U.S. by Cummins Incorporated (Cummins) did not originate in Mexico and were not entitled to preferential treatment under the North American Free Trade Agreement (NAFTA).