CIT rules in favor of Customs' classification of Vitamin C drops. In Warner-Lambert Company v. U.S., the Court of International Trade (CIT) ruled in favor of U.S. Customs that Halls DefenseTM Vitamin C Supplement Drops were properly classified as sugar confectionary in HTS 1704.90.35 (6.1% or 5.8%, depending on the year of entry) rather than as medicaments in HTS 3004.50.5010 (duty-free).
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.
CIT rules against Customs' classification of Pop Up Wackeroos. In Mattel, Inc. and Fisher Price, Inc. (Mattel)v. U.S., the Court of International Trade (CIT) ruled in favor of Mattel that "Pop-Up Wackaroos" is properly classified under HTS 9504.90.4000 (3.9%, 1994) as "game machines, other than coin- or token-operated, etc."
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".
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.
In the September 8, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 37), CBP issued notices: (a) proposing to revoke a classification ruling on certain DVDs, and (b) revoking a classification ruling on certain nonwoven man-made material for use in blood filtration. CBP states that it is also revoking, or proposing to revoke, any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
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.
In the July 14, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 29), CBP issued notices: (a) proposing to revoke two classification rulings on textile pillow covers with zipper closures, and (b) proposing to revoke a classification ruling on certain nonwoven man-made material for use in blood filtration. CBP states that it is also proposing to revoke any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
U.S. Customs and Border Protection (CBP) has issued a CBP Electronic Bulletin Board (CEBB) notice stating that due to recent International Trade Administration (ITA) remand determination (pursuant to a Court of International Trade (CIT) decision), Polyplex Corporation Limited (Polyplex) is no longer excluded from the antidumping (AD) duty order on polyethylene terephthalate (PET) film, sheet, and strip from India.
Certain Certs breath mints are not preparations for oral or dental hygiene. In Warner-Lambert Company v. U.S., the Court of International Trade (CIT) ruled in favor of U.S. Customs and Border Protection (CBP) that certain Certs Powerful Mints are properly classified under HTS 2106.90.99 (6.4%), which provides for food preparations not elsewhere specified or included.
In the June 2, 2004 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 38, No. 23), CBP issued a notice withdrawing two intellectual property rights (IPR) rulings regarding a company logo, effective June 2, 2004, pursuant to a settlement agreement.