U.S. Customs and Border Protection recently issued revised, superseding guidance on the classification of utilitarian or functional articles with festive designs and/or motifs in light of the Michael Simon Design, Inc. v. U.S. decision.
In Peerless Clothing International, Inc. v. U.S., the Court of International Trade denied Customs' motion for rehearing or reconsideration of the valuation of men's wool suits purchased through related party transactions, ruling that applying transaction value instead of computed value would not have changed the dutiable value.
U.S. Customs and Border Protection has issued revised guidance on the classification of utilitarian or functional articles with festive designs and/or motifs in light of the Michael Simon Design, Inc. v. U.S. decision. The revised guidance supersedes its previous versions.
The International Trade Administration is requesting comments by September 16, 2009 on how it should change its current method of determining whether novelty candles are included or excluded from the scope of the antidumping duty order on petroleum wax candles from China, given the large number of scope determinations that are being requested.
In UPS Customhouse Brokerage, Inc., v. U.S., the Court of Appeals for the Federal Circuit affirmed the decision of the Court of International Trade that UPS had misclassified certain merchandise under HTS 8473.30.90, but the CAFC invalidated the CIT's holding concerning Customs' determination that UPS did not exercise responsible supervision and control under 19 USC 1641.
In Polly U.S.A., Inc. et al, v. U.S., the Court of International Trade upheld Customs' decision to deny Polly's claim for a trade preference under the African Growth and Opportunity Act, due to deficiencies and discrepancies in production documentation submitted to support the claim.
The following Court of International Trade cases on antidumping and countervailing duty issues were dated or decided in July 2009.
In Michael Simon Design, Inc. and Target Stores, et. al., v. U.S., the Court of International Trade dismissed a challenge to changes to the Harmonized Tariff Schedule which initially were recommended by the International Trade Commission and ultimately given legal effect on February 3, 2007 by a Presidential Proclamation.
In Target Corporation, v. U.S., the Court of International Trade upheld the International Trade Administration's final affirmative circumvention determination on remand that mixed-wax candles were later-developed merchandise covered by the antidumping duty order on petroleum wax candles from China.
The Court of International Trade has determined that the International Trade Administration erred when it excluded from the scope of six antidumping duty determinations and resulting orders for certain frozen warmwater shrimp, frozen shrimp coated with flour known as "dusted shrimp1."