The following lawsuit was recently filed at the Court of International Trade:
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The following lawsuits were filed at the Court of International Trade during the week of Jan. 3-8:
The Court of International Trade in a Jan. 6 order dismissed a customs case from importer Tylt over the retroactive application of exclusions that the Office of the U.S. Trade Representative granted for certain goods subject to Section 301 tariffs. The plaintiff voluntarily dismissed the action. Tylt's complaint said the language in the exclusion announcement doesn't prevent Section 301 refunds for entries that are not protestable since the protest deadline expired. It also said the USTR's withholding the refund of duties for entries that are not protestable is arbitrary and violates the Administrative Procedure Act (Tylt v. U.S., CIT # 21-00579).
The Court of International Trade in a Jan. 4 order dismissed a customs case from importer Spartan Tools. The company brought the case looking to recover Section 301 duties it paid on its machinery part imports entered under Harmonized Tariff Schedule subheadings 8412.29.8015, 8479.90.9496, 8483.30.8090 and 8483.50.9040, for which the Office of the U.S. Trade Representative granted an exclusion. The case was tossed for lack of prosecution since it was placed in the customs case management calendar and not removed "at the expiration of the applicable period of time of removal," the trade court said (Spartan Tools v. United States, CIT #20-03903).
The following lawsuit was recently filed at the Court of International Trade:
Importer Kyocera Document Solutions America will get refunds on Section 301 duties paid for its printer maintenance kits that were granted a tariff exclusion by the Office of the U.S. Trade Representative. The importer filed a stipulated judgment at the Court of International Trade on an agreed set of facts, which say that the maintenance kits, liquidated under Harmonized Tariff Schedule subheading 8443.99.2050 and assessed Section 301 tariffs under secondary subheading 9903.88.01, fit under the exclusion.
Trade Law Daily is providing readers with the top 20 stories published in 2022. All articles can be found by searching on the titles or by clicking on the hyperlinked reference numbers.
CBP created Harmonized System Update (HSU) 2230 on Dec. 29, containing 11,465 ABI records and 1,654 Harmonized Tariff Schedule records. The changes involve 484(f) changes, annual stage rate changes, Craft Beverage Modernization Act (CBMA) high rate updates, 2023 tariff schedule updates, extended Section 301 product exclusions and PGA HTS flagging, it said in a CSMS message.
International Trade Today is providing readers with the top 20 stories published in 2022. All articles can be found by searching on the titles or by clicking on the hyperlinked reference numbers.