According to a U.S. Association of Importers of Textiles and Apparel (USA-ITA) Textile Development Memo, on February 7, 2005, the government filed a motion with the Court of Appeals for the Federal Circuit (CAFC) seeking a 'stay' of the preliminary injunction (that prevents CITA from taking further action on threat-based China safeguard petitions), pending consideration of is appeal, which they also asked for from the CIT, and the CIT denied. (USA-ITA TDM, dated 02/10/05, www.usaita.com.)
Shippers NewsWire reports that the American Institute for Shippers' Associations (AISA) and the International Shippers Association have withdrawn their petitions requesting the U.S. Court of Appeals for the Federal Circuit (CAFC) to review the Federal Maritime Commission's (FMC's) decision that restricted the right of shippers' associations to enter into non-vessel operating common carrier (NVOCC) service arrangements. According to the article, the CAFC petitions were premature, as the FMC has not yet ruled on certain petitions the associations have filed with the FMC. (SNW dated 02/03/05, www.americanshipper.com.)
According to a U.S. Association of Importers of Textiles and Apparel (USA-ITA) Textile Development Memo, on January 31, 2005, the CIT denied the government's motion for a stay (halt) of the preliminary injunction (which is preventing CITA from taking further action on threat-based China safeguard petitions), pending consideration by the CAFC of the government's appeal of the injunction. USA-ITA states that the government is expected to file its appeal of the preliminary injunction at the CAFC this week. (USA-ITA TDM, dated 01/31/05, www.usa-ita.com )
According to a U.S. Association of Importers of Textiles and Apparel (USA-ITA) Textile Development Memo, on January 27, 2005, the government filed with the CIT a motion for a stay (halt) of its preliminary injunction (which is preventing CITA from taking further action on threat-based China safeguard petitions), pending consideration by the CAFC of the government's appeal of the injunction. (USA-ITA TDM, dated 01/28/05, www.usa-ita.com )
According to a U.S. Association of Importers of Textiles and Apparel (USA-ITA) Textile Development Memo, on January 25, 2005, the government sent to the Court of International Trade (CIT) a notice stating its intention to file an appeal with the Court of Appeals for the Federal Circuit (CAFC) challenging the CIT"s preliminary injunction enjoining the Committee for the Implementation of Textile Agreements (CITA) from taking further action on threat-based China safeguard petitions. (See ITT's Online Archives or 01/04/05 news, 05010405, for BP summary on the CIT injunction.)(USA-ITA TDM, dated 01/26/05, www.usaita.com.)
The International Trade Administration (ITA) has published a notice in the Federal Register stating that on October 1, 2004 the Court of International Trade (CIT) issued an order sustaining the ITA's final results of redetermination on remand with respect certain hot-rolled carbon steel flat products from Thailand.
On December 3, 2004, President Bush signed into law the conference version of H.R. 1047, the Miscellaneous Trade and Technical Corrections Act of 2004.
On August 25, 2004, the Court of Appeals for the Federal Circuit (CAFC) issued a ruling in Intercontinental Marble Corporation v. U.S. affirming an earlier Court of International Trade (CIT) decision that "all stones that polish" are classifiable as marble. Like the CIT, the CAFC rejected Customs' arguments that marble should be defined by its geological definition rather than its commercial meaning.
U.S. Customs and Border Protection (CBP) and the Treasury Department have issued a final rule, effective November 8, 2004, to amend 19 CFR Part 191 to indicate that merchandise processing fees (MPFs) are eligible to be claimed, in limited circumstances, as drawback based on substitution of finished petroleum derivatives (SFPD) under 19 USC 1313(p).
On August 27, 2004, the Court of Appeals for the Federal Circuit (CAFC) reversed the September 2003 Court of International Trade (CIT) decision in Russ Berrie & Company, Inc. v. U.S. The CAFC ruledthat certain holiday-themed jewelry is not properly classified under HTS 9505 (duty-free) as "festive articles".