In Timber Products Co., v. U.S., the Court of Appeals for the Federal Circuit affirmed the Court of International Trade's decision to sustain Customs' classification of plywood panels imported by Timber Products from Brazil under HTS subheading 4412.14.30 ruling that "Virola" is not a commercial designation in the plywood trade.
Court of International Trade
The United States Court of International Trade is a federal court which has national jurisdiction over civil actions regarding the customs and international trade laws of the United States. The Court was established under Article III of the Constitution by the Customs Courts Act of 1980. The Court consists of nine judges appointed by the President and confirmed by the Senate and is located in New York City. The Court has jurisdiction throughout the United States and has exclusive jurisdictional authority to decide civil action pertaining to international trade against the United States or entities representing the United States.
In Impact Steel Canada Corporation, et. al. v. U.S., the Court of International Trade upheld the International Trade Administration's antidumping Reseller Policy in a case concerning imported merchandise purchased by Impact Steel from resellers who were unaffiliated to the foreign producer of the merchandise.
The following Court of Appeals for the Federal Circuit and Court of International Trade cases on international trade issues were decided during January 22 - 24, 2008:
The following Court of International Trade cases on international trade issues were decided during January 11 - 18, 2008:
In Arthur C. Schick, III and Schick International Forwarding, Inc., v. U.S., the Court of International Trade ruled it had no authority to grant relief to Arthur Schick under 19 USC 1641(g) (Triennial reports by customs brokers) on the claim that his Customs broker's license was revoked without the observance of the proper procedures. On the remaining claims filed on behalf of the Plaintiff, the CIT cited the court's lack of jurisdiction on the subject matter.
The following Court of Appeals for the Federal Circuit and Court of International Trade cases on international trade issues were decided during December 26, 2007 through January 8, 2008:
In Horizon Lines, LLC v. U.S., the Court of International Trade granted summary judgment to the government under 19 USC 1466 on duties assessed on expenses incurred in Indonesia related to subsequent repairs as well as the actual repair work performed in Singapore on a U.S.-flag vessel, Horizon Crusader.
In Degussa Corp. v. U.S., the Court of Appeals for the Federal Circuit reversed the Court of International Trade's classification decision and agreed with the government that certain surface-modified silicon dioxide AEROSIL products should be classified under Harmonized Tariff Schedule heading 3824.
American Shipper reports that the Department of Homeland Security intends to require international containers entering the country to be secured with a standard bolt seal by October 15, 2008. (American Shipper, dated 12/18/07, www.americanshipper.com)
In Motorola, Inc. v. U.S., the Court of Appeals for the Federal Circuit affirmed the remand decision made by the Court of International Trade that neither the liquidation of 900 bypass entries nor the issuance of two proposed ruling letters (PRLs) constituted "treatment" under 19 USC 1625(c)(2), as interpreted in light of 19 CFR 177.12(c)(1)(ii).