In Motorola, Inc. v. U.S., the Court of International Trade (CIT) determined on remand that neither the liquidation of 900 bypass entries nor the issuance of two preclassification ruling letters constitutes "treatment" under 19 USC 1625(c)(2), as interpreted in light of 19 CFR 177.12(c)(1)(ii).
The International Trade Administration (ITA) has issued a fourth amendment to the final antidumping (AD) duty determination and order on wooden bedroom furniture from China in order to (1) exclude one mandatory respondent from the amended final determination and order and (2) amend the AD duty cash deposit rate applied to the Section A respondents as a result.
In U.S. v. UPS Customhouse Brokerage, Inc., dba UPS Supply Chain Solutions, Inc., the Court of International Trade (CIT) has certified UPS' immediate interlocutory appeal to the U.S. Court of Appeals for the Federal Circuit (CAFC) on the following question of law regarding multiple broker penalties:
EC "Byrd Amendment" Sanctions on U.S. Products Expected to Remain in Place Until Disbursements Cease
Effective May 1, 2006, the European Commission added eight products to the list of U.S.-originating products subject to 15% additional customs duties in response to U.S.' disbursements of antidumping and countervailing duties under the repealed and World Trade Organization (WTO)-noncompliant Continued Dumping and Subsidy Offset Act of 2000 (CDSOA, also known as the Byrd Amendment).
U.S. Customs and Border Protection has issued a notice, effective September 28, 2006, to notify the public that, consistent with April and July 2006 Court of International Trade (CIT) decisions, it will be withholding certain distributions under the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA, also known as the Byrd Amendment) that derive from antidumping (AD) and countervailing (CV) duties assessed on goods from Canada or Mexico.
The Court of International Trade has issued a decision in the case Michael Simon Design, Inc. v. U.S. which upholds the importer's view that sweaters with certain Christmas or Halloween motifs are classified as "festive articles" in Harmonized Tariff Schedule (HTS) 9505 (duty- and quota-free).
Customs may pursue multiple broker penalties that in total exceed $30,000. In U.S. v. UPS Customshouse Brokerage, Inc., dba UPS Supply Chain Solutions, Inc., the Court of International Trade (CIT) gave Chevron deference to U.S. Customs and Border Protection's interpretation of the statutory phrase "a monetary penalty not to exceed $30,000 in total for a violation or violations of" in 19 USC 1641(d)(2)(A).
The International Trade Administration (ITA) has issued the final results of its antidumping (AD) duty administrative review of low enriched uranium from France for the period of February 1, 2004 through January 31, 2005.
The International Trade Administration (ITA) has issued a second amendment to the final antidumping (AD) duty determination on certain frozen warmwater shrimp from China in order to revise the AD duty rate of 11 companies.
According to the Journal of Commerce, Ford Motor Co., has filed a complaint in the U.S. District Court for Eastern Michigan to force U.S. Customs and Border and Protection (CBP) to turn over documents that demonstrate Ford's record of compliance with import laws and regulations in recent years. According to the article, Ford wants to demonstrate its compliance record to show that it's eligible for CBP's Importer Self Assessment program. Furthermore, the article notes that in recent years, Ford was assessed a fine of $20 million for valuation errors by the U.S. Court of International Trade and is also being sought in a separate case by CBP for $42 million in penalties for alleged violations of NAFTA foreign producer country of origin records. (JoC, dated 08/07/06, www.joc.com)