The U.S. Court of Appeals for the Federal Circuit reviewed and affirmed the decision of the Court of International Trade in Processed Plastics Company v. U.S. ruling that two children's plastic Barbie and Winnie the Pooh backpacks and one children's Barbie beach bag could not be classified as toys.
CIT Rules Certain Holiday and Special Occasion Bakeware is Duty-Free as Chapter 95 "Festive Articles
In Wilton Industries, Inc., v. U.S., the Court of International Trade ruled that certain bakeware, cookie cutters, cooking tools, etc. imported by Wilton to be used in baking and cake decorating (the "bakeware") should be classified under HTS 9505.90 (duty-free), a provision covering festive, carnival or other entertainment articles.
In U.S. v. UPS Customhouse Brokerage, Inc.,the Court of International Trade agreed with UPS that the facts presented by Customs were not sufficient to grant summary judgment with respect to penalties imposed concerning certain alleged tariff misclassifications by UPS. As a result, the case must go to trial.
The International Trade Administration frequently issues notices on antidumping and countervailing duty orders which Broker Power considers to be "minor" in importance as they concern actions that occur after an order is issued and neither announce nor cause any changes to an order's duty rates, scope, affected firms, or effective period.
In Agfa Corporation, ("Agfa") v. U.S., the Court of International Trade agreed with Customs and ruled that certain plates imported by Agfa to be used in photolithography should be classified in the Harmonized Tariff Schedule under HTS 3701.30.00, a provision covering photographic plates.
The International Trade Administration has issued a notice amending its final antidumping duty determination and order on lawn and garden steel fence posts from China in order to revise the AD duty rate of one company, as there is now a final and conclusive court decision in the proceeding.
The Court of International Trade has dismissed the case, International Labor Rights Fund et. al v.U.S., regarding the use of forced child labor in cocoa imported from the Cote d'Ivoire due to lack of standing.
Pursuant to the Offset Act1, also known as the Byrd Amendment, U.S. Customs and Border Protection has issued a notice in the Federal Register of its intent to distribute assessed antidumping or countervailing duties for Fiscal Year 2007. Written certifications to obtain a continued dumping and subsidy offset under a particular AD/CV order or finding must be received by July 30, 2007.