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:
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.
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to 15% additional customs duties in response to U.S.' disbursements of antidumping and countervailing duties under the repealed and World Trade Organization (WTO)-noncompliant Continued Dumping and Subsidy Offset Act of 2000 (CDSOA, also known as the Byrd Amendment).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 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.
The International Trade Administration (ITA) has issued a third amendment to the final antidumping (AD) duty determination on wooden bedroom furniture 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.
In Cricket Hosiery, Inc. et al. v. U.S. et al., the Court of International Trade (CIT) dismissed the challenge to the Cotton Research and Promotion Act of 1996, as amended (Cotton Act) and the regulations implementing the Cotton Act (Cotton Order) brought by certain importers who contend that the Cotton Act and Cotton Order violate certain constitutional rights.
The International Trade Administration (ITA) has issued a second amendment to the final antidumping (AD) duty determination on wooden bedroom furniture 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.
Pursuant to the Offset Act1, also known as the Byrd Amendment, U.S. Customs and Border Protection (CBP) has issued a notice in the Federal Register of its intent to distribute assessed antidumping (AD) or countervailing (CV) duties for Fiscal Year (FY) 2006. Written certifications to obtain a continued dumping and subsidy offset under a particular AD/CV order must be received by July 31, 2006.