The International Trade Administration (ITA) has amended its final results of the antidumping (AD) duty new shipper review of honey from China for the period of December 1, 2001 through May 31, 2002 in light of the Court of International Trade's (CIT's) final and conclusive decision in Wuhan Bee v. U.S.
Court of International Trade
The United States Court of International Trade is a federal court which has national jurisdiction over civil actions regarding the customs and international trade laws of the United States. The Court was established under Article III of the Constitution by the Customs Courts Act of 1980. The Court consists of nine judges appointed by the President and confirmed by the Senate and is located in New York City. The Court has jurisdiction throughout the United States and has exclusive jurisdictional authority to decide civil action pertaining to international trade against the United States or entities representing the United States.
Recent CIT Rulings on Classification of Certain Tabletop Fountains and Incorrect Duty Rate in Ruling
Classification of certain tabletop fountains as pumps. In Conair Corporation v. U.S., the Court of International Trade (CIT) agreed with the importer and ruled that certain tabletop fountains known as "Serenity Ponds" are classifiable under HTS 8413.70.2004 as "submersible pumps," which are duty-free.
In Orlando Food Corp. v. U.S., the Court of Appeals for the Federal Circuit (CAFC) has reversed a Court of International Trade (CIT) decision, ruling that the U.S. government must pay interest to Orlando in connection with the refund of overpaid duties on a 1989 entry.
U.S. Customs and Border Protection (CBP) has issued an ABI administrative message announcing that the Port of Memphis, TN is now a service port location. Protests, 520(d) claims, and 181.115 interventions against entries filed at the following ports should be filed with the Port Director at Memphis:
The International Trade Administration (ITA) has issued a notice amending its final affirmative antidumping (AD) duty determination for certain hot-rolled carbon steel flat products from China as the Court of International Trade (CIT) has issued an order sustaining the ITA's second remand determination and all litigation in this matter has now concluded.
In the November 2, 2005 issue of the U.S. Customs and Border Protection Bulletin (CBPBulletin) (Vol. 39, No. 45), CBP issued notices: (a) proposing to modify a classification ruling and proposing to revoke a classification ruling on glass rods used to make optic fibers, and (b) revoking a classification ruling on a certain white sauce/dairy spread. CBP states that it is also proposing to revoke, or is revoking, any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
In the matter of U.S. v. Pan Pacific Textile Group et al., the Court of International Trade (CIT) ruled that the principal is responsible for unpaid duties under 19 CFR 1592(d) stemming from fraudulent customs violations by his agent, who was the "importer of record" for certain tracksuits imported from China.
The International Trade Administration (ITA) has issued a notice that amends the final results of its antidumping (AD) duty administrative review of low enriched uranium from France for the period of February 1, 2003 through January 31, 2004.
According to an editorial in the Journal of Commerce, ports throughout the U.S. are watching PierPASS and if cargo volumes continue to increase at 10% or more at gateways in the Pacific Northwest and on the East Coast, those ports could face the kind of congestion Southern California saw in 2004. The editorial notes that if PierPASS works out its problems in the months ahead, look for similar programs at other ports within the next year or two. (JoC, dated 08/29/05, www.joc.com.)
CAFC rules that cables imported separately are not classifiable as unassembled pieces. In ABB, Inc. v. U.S., the Court of Appeals for the Federal Circuit (CAFC) affirmed a Court of International Trade (CIT) ruling that two high voltage electric cables should be classified under HTS 8544.60.4000 (3.5%) as other electric conductors for a voltage exceeding 1,000 volts, of copper. The CAFC also affirmed the CIT's decision that a fiber optic cable should be classified under HTS 8544.70.0000 (duty-free), as an optical fiber cable.