The following summaries highlight decisions of the Court of International Trade in the first half of January 2010 involved antidumping or countervailing duty law:
In Ford Motor Company v. U.S., the Court of International Trade ruled that it did not have subject matter jurisdiction to address the merits of a post-entry claim for a NAFTA refund, as the late filing of the NAFTA Certificate of Origin is not a protestable "decision" of U.S. Customs and Border Protection.
In Outer Circle Productsv U.S., the Court of Appeals for the Federal Circuitreversed the Court of International Trade, ruling that bottle and jug wraps are properly classified as "table, kitchenwareof plastics, other" under Harmonized Tariff Schedule subheading 3924.10.50 at 3.4 percent ad valorem and not as "bottle caseswith outer surface of sheeting of plastic or of textile materials, other" under subheading 4202.92.90, at 19.3 percent ad valorem.
The decisions of the Court of International Trade (CIT) for December 16-31, 2009 involved antidumping or countervailing duty law are summarized as follows:
In StoreWall, LLC,, v U.S., the United States Court of International Trade ruled that certain wall panels and locator tabs manufactured in Taiwan are prima facie classifiable under Harmonized Tariff Schedule subheading 3926.90.98 as "Other articles of Plastics" at 5.3 percent and not under subheading 9403.70.80 or 9403.90.50 as "Other Furniture of Plastic and parts" at a free rate of duty.
The decisions of the Court of International Trade (CIT) and the Court of Appeals for the Federal Circuit (CAFC) for December 1-15, 2009 involved antidumping or countervailing duty law are summarized as follows:
In Delphi Petroleum, Inc., v U.S., the Court of International Trade ruled that Delphi's delayed drawback claims filing were permitted under 19 USC 1313(r)(1), because a Customs official was responsible for the delay in filing.
The White House has issued a press release announcing the issuance of an Executive Order on the half-day closing of all executive branch departments and agencies of the Federal Government (except as provided in the Executive Order) on December 24, 2009. (Press release, dated 12/11/09, available at http://www.whitehouse.gov/the-press-office/executive-order-half-day-closing-executive-departments-and-agencies-thursday-decemb.)
On June 16, 2009, the Court of International Trade ruled in Gilda Industries, Inc. vs. U.S., that the authority for the collection of the 100% beef hormone duties imposed on certain products from the European Union expired on July 29, 2007, when the domestic beef industry failed to timely file a request with the government to continue the duties.
The following determinations of the Court of International Trade in November 2009 involved antidumping or countervailing duty law.