In Heartland By-Products, Inc., v. U.S., the Court of Appeals for the Federal Circuit reversed the Court of International Trade, ruling that the CIT erred by not allowing retroactive classification treatment at the higher Tariff Rate Quota (TRQ) rate on imports of sugar syrup from Canada in accordance with an earlier decision by the CAFC (Heartland II CAFC 00-1287-1289).
U.S. Customs and Border Protection has issued a notice announcing that it has denied a petition submitted under 19 USC 1516 on behalf of a domestic interested party (Corning) requesting reclassification under the Harmonized Tariff Schedule of glass preforms for optical fibers (optical glass preforms). CBP is also announcing the receipt of the petitioner's desire to contest this decision in court.
In Honda of America Mfg., Inc., v. U.S., the Court of International Trade ruled that certain oil bolts containing cross-sectional holes specially designed to permit the unimpeded flow of brake or transmission fluids are classified under HTS 7318.15.80 (as other screws and bolts) at a rate of duty of 8.5 percent ad valorem and not as a part or accessory of motor vehicle under 8708 or 8714.
The following Court of Appeals for the Federal Circuit (CAFC) and Court of International Trade (CIT) cases on antidumping and countervailing duty issues were dated or decided in May 2009.
In Aectra Refining and Marketing, Inc. v. U.S., the United States Court of Appeals for the Federal Circuit affirmed the ruling issued by the Court of International Trade that Aectra was not entitled to drawback for Merchandise Processing Fees (MPF) and Harbor Maintenance Taxes (HMT) paid on certain imports.
The following cases involving antidumping or countervailing duty (AD/CVD) issues were decided at the Court of International Trade (CIT) and the Court of Appeals for the Federal Circuit (CAFC) in April 2009.
In Global Scouring Group, Inc. v. U.S., the Court of International Trade ruled that certain binders made with a rigid paperboard core are properly classified under Harmonized Tariff Schedule 4820.30.001, which covers binders (other than book covers), folders and file covers, a duty free provision.
U.S. Customs and Border Protection has issued notice that a temporary restraining order implemented in November 2008 and converted into a preliminary injunction, has been preventing CBP from making timely distribution of funds available in fiscal year 2008 for Certain Frozen Warmwater Shrimp and Prawn from Ecuador, Brazil India, Thailand, Vietnam, and China (case numbers A-331-802, A-351-838, A-533-840, A-549-822, A-552-802, and A-570-893). However, on May 15, 2009 the Court of International Trade dismissed the injunction. Customs is currently processing distributions related to these cases, and distribution will be made as soon as possible. Claims remain subject to verification and audit by appropriate parties. (dated 05/18/09, available at http://www.cbp.gov/xp/cgov/trade/priority_trade/add_cvd/cont_dump/warm_water_shrimp.xml )
The National Customs Brokers & Freight Forwarders' Association has filed an amicus curiae brief at the Court of International Trade in Lizarraga Customs Broker v. Customs and Border Protection ,et al.
In the May 15, 2009issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 43, No. 20), CBP published a notice revoking two rulings and revoking a treatment as follows: