In 2005, the Court of International Trade (CIT) ruled in U.S. v. Pan Pacific Textile Group et al. (Pan Pacific), that the principal is responsible for unpaid duties under 19 CFR 1592(d) stemming from fraudulent customs violations by his agent, who was the "importer of record" for certain tracksuits imported from China.
In Ammex, Inc. v. U.S., the Court of Appeals for the Federal Circuit (CAFC) affirmed a Court of International Trade (CIT) ruling that U.S. Customs and Border Protection (CBP) wrongly revoked permission for Ammex to sell fuel from its duty-free store (a Class 9 Customs bonded warehouse) at Ambassador Bridge, where all products are sold to be exported.
In Xerox Corporation v. U.S., the Court of Appeals for the Federal Circuit (CAFC) ruled that the Court of International Trade (CIT) was correct in dismissing Xerox's protest of U.S. Customs and Border Protection's (CBP's) liquidation of 21 entries of electrostatic photocopiers and wire harnesses from Mexico, as Xerox did not timely file claims for NAFTA preferential treatment.
The International Trade Administration (ITA) has amended its final results of the antidumping (AD) duty new shipper review of honey from China for the period of December 1, 2001 through May 31, 2002 in light of the Court of International Trade's (CIT's) final and conclusive decision in Wuhan Bee v. U.S.
Recent CIT Rulings on Classification of Certain Tabletop Fountains and Incorrect Duty Rate in Ruling
Classification of certain tabletop fountains as pumps. In Conair Corporation v. U.S., the Court of International Trade (CIT) agreed with the importer and ruled that certain tabletop fountains known as "Serenity Ponds" are classifiable under HTS 8413.70.2004 as "submersible pumps," which are duty-free.
In Orlando Food Corp. v. U.S., the Court of Appeals for the Federal Circuit (CAFC) has reversed a Court of International Trade (CIT) decision, ruling that the U.S. government must pay interest to Orlando in connection with the refund of overpaid duties on a 1989 entry.
U.S. Customs and Border Protection (CBP) has issued an ABI administrative message announcing that the Port of Memphis, TN is now a service port location. Protests, 520(d) claims, and 181.115 interventions against entries filed at the following ports should be filed with the Port Director at Memphis:
The International Trade Administration (ITA) has issued a notice amending its final affirmative antidumping (AD) duty determination for certain hot-rolled carbon steel flat products from China as the Court of International Trade (CIT) has issued an order sustaining the ITA's second remand determination and all litigation in this matter has now concluded.
In the November 2, 2005 issue of the U.S. Customs and Border Protection Bulletin (CBPBulletin) (Vol. 39, No. 45), CBP issued notices: (a) proposing to modify a classification ruling and proposing to revoke a classification ruling on glass rods used to make optic fibers, and (b) revoking a classification ruling on a certain white sauce/dairy spread. CBP states that it is also proposing to revoke, or is revoking, any treatment it has previously accorded to substantially identical transactions that are contrary to its position in these notices.
In the matter of U.S. v. Pan Pacific Textile Group et al., the Court of International Trade (CIT) ruled that the principal is responsible for unpaid duties under 19 CFR 1592(d) stemming from fraudulent customs violations by his agent, who was the "importer of record" for certain tracksuits imported from China.