U.S. Customs and Border Protection (CBP) has issued a memorandum which informs CBP personnel and the trade community of the impact of a recent federal court case, Bauer Nike Hockey USA, Inc. v. U.S., on the classification of textile merchandise in HTS 9506.
CIT rules unused country-specific quotas for ice cream must be reallocated. In Pillsbury Company v. U.S., the Court of International Trade (CIT) ruled that with respect to the tariff rate quota (TRQ) imposed on ice cream, Customs is required to reallocate to the "common pool" of entries any unused, country-specific quotas.
Preparing scrap metal for export is not a "process of manufacture." In Washington International Insurance Company v. U.S., the Court of Appeals for the Federal Circuit (CAFC) affirmed the Court of International Trade's (CIT's) decision that testing, sorting, sizing, and packaging scrap metal in the U.S. prior to export for manufacture into stainless steel sheets, does not qualify as a "manufacturing process" for the duty exemption provided in TSUS 806.30.
The Committee for the Implementation of Textile Agreements (CITA) has issued a notice announcing that it has resumed its consideration of whether to implement safeguard quotas based on "threat of" market disruption for China-origin textiles and apparel in the following individual or merged categories:
CAFC denies challenge to CHB exam answer. In Michael J. Kenny v. Secretary of the Treasury & U.S., the Court of Appeals for the Federal Circuit (CAFC) affirmed the Court of International Trade's (CIT's) decision to uphold the Secretary of the Treasury's denial of credit to Michael J. Kenny for Question 32 on the October 2001 Customs Broker Licensure Examination (CHB exam).
On April 27, 2005, a three-judge panel of the Court of Appeals for the Federal Circuit (CAFC) issued an order in USA-ITA v. U.S., et. al. which lifted the Court of International Trade's (CIT) preliminary injunction that has prevented the Committee for the Implementation of Textile Agreements (CITA) from considering, accepting or taking any further action on any China safeguard petitions based on the threat of market disruption.
The United States Association of Importers of Textiles and Apparel (USA-ITA) has issued a Textile Development Memo stating that the Court of Appeals for the Federal Circuit has lifted the preliminary injunction against further action on threat-based China safeguard petitions. As a result, USA-ITA states that CITA may resume its consideration of the 12 threat-based cases that were filed last year. (USA-ITA, TDM dated 04/27/05, www.usaita.com )
The International Trade Commission (ITC) has posted to its Web site its preliminary report for its investigation (No. 1205-6) on proposed modifications to the Harmonized Tariff Schedule (HTS), which are scheduled to become effective in January 2007.
In Structural Industries, Inc. v. U.S., the Court of International Trade (CIT), upon remand from the Court of Appeals for the Federal Circuit (CAFC), determined that three sizes of "Euro clip" picture frames, which consist of a flat glass cover, a masonite back, and four metal clips are classifiable under HTS 4414.00.0000 (3.9%), as wooden frames for paintings, photographs, mirrors or similar objects.
The International Trade Administration (ITA) has published a notice in the Federal Register stating that on March 9, 2005 the Court of International Trade (CIT) affirmed the ITA's final results of redetermination on remand (remand results) with respect to certain stainless steel wire rod from Italy.