CAFC Reverses Ruling that the Government's Litigation Filing is Untimely by 1 Day.In U.S. v. Inn Foods, Inc., the Court of Appeals for the Federal Circuit (CAFC) reversed the Court of International Trade's (CIT's) finding that litigation filed by the U.S. on December 14, 2001 to collect Customs duties and fees from Inn Foods for violations of 19 USC 1592 was untimely by one day.
The International Trade Administration (ITA) has published a notice in the Federal Register stating that on July 27, 2004, the Court of International Trade (CIT) ordered the ITA to find that no countervailable subsidies are being provided for the production or exportation of certain hot-rolled carbon steel flat products from Thailand.
The International Trade Commission (ITC) has issued a notice announcing that, effective June 21, 2004, it has vacated the limited exclusion order and cease and desist order issued in its Section 337 investigation of certain abrasive products made using a process for powder preforms, and products containing same (Inv. No. 337-TA-449).
U.S. Customs and Border Protection (CBP) has issued an administrative message announcing that on May 17, 2004, the U.S. Supreme Court denied the writs of certiorari filed by Thomson Inc. and CF Industries, in which they asked the court to review decisions by the Court of Appeals for the Federal Circuit (CAFC) which upheld the harbor maintenance fee (HMF) on waterborne imports and waterborne domestic unloadings.
Customs failure to reliquidate entries does not constitute a 'mistake of fact.' In Fujitsu Compound Semiconductor, Inc. v. U.S., the Court of Appeals for the Federal Circuit (CAFC) affirmed the Court of International Trade's (CIT's) earlier determination that Customs' failure to reliquidate certain entries of laser diode modules on its own initiative does not constitute a mistake of fact correctable under 19 USC 1520(c).
On March 4, 2004, the Senate passed its version of H.R. 1047, the "Miscellaneous Trade and Technical Corrections Act of 2003."
Customs Not in Contempt for Revoking is Approval for the "Duty-free" Sale of Fuels.In Ammex, Inc. v. U.S., the Court of Appeal for the Federal Circuit (CAFC) affirmed the Court of International Trade's (CIT's) denial of Ammex's motion to hold Customs in contempt because it revoked approval of the sale of gasoline and diesel fuel on a duty- and tax-free basis at the Ambassador Bridge between Detroit, MI and Windsor, Canada.
On March 18, 2004, in DaimlerChrysler Corporation v. U.S., the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed the Court of International Trade's (CIT) denial of 9802.00.80 duty benefits for the top-coat painting of certain trucks assembled in Mexico.
CAFC reverses CIT & rules that certain hardwood flooring is plywood.In Boen Hardwood Flooring, Inc. v. U.S., the Court of Appeals for the Federal Circuit (CAFC) ruled that certain hardwood flooring, which consists of laminated floor panels that are composed of three layers, is classifiable under HTS 4412.29 as other plywood.
In George E. Warren Corporation v. U.S., the Court of Appeals for the Federal Circuit (CAFC) upheld an earlier Court of International Trade (CIT) ruling that denied the plaintiff's claim for drawback on Harbor Maintenance Taxes (HMTs) and Environmental Taxes (ETs).