The International Trade Administration (ITA) has issued a notice that amends the final results of its antidumping (AD) duty administrative review of garlic from China for the period of November 1, 2002 through October 31, 2003.
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 Processed Plastic Company v. U.S., the Court of International Trade (CIT) ruled in favor of Customs' classification of two children's plastic Barbie and Winnie the Pooh backpacks and one children's Barbie beach bag as other travel, sports, and similar bags under 4202.92.45% (20%).
U.S. Customs and Border Protection (CBP) appears to have recently posted to its Web site a memorandum which provides guidance on the classification of festive articles, in light of CBP's June 2005 proposal to limit the court decision in the case of Park B. Smith, Ltd. v. U.S (Park) to the entries litigated.
In Simon Marketing, Inc. and Perseco System Services, L.P. v. U.S., the Court of International Trade (CIT) ruled that a "Pop Topper" watch sold for $1.99 as a promotional article at McDonald's are classified under HTS 9102.91.20 (1998) as a watch with a duty rate of 3.9% on the movement and case and 5.3% on the battery.
In the August 24, 2005 issue of the U.S. Customs and Border Protection Bulletin (CBP Bulletin) (Vol. 39, No. 35), CBP issued notices: (a) proposing to revoke a classification ruling with respect to Yttria C, and (b) proposing to revoke a classification with respect to a white sauce/dairy spread. CBP states that it is also proposing to revoke any treatment it has previously accorded to substantially identical transactions that are contrary to its position in the proposed revocation notices.
The International Trade Administration (ITA) has issued a notice amending its final affirmative antidumping (AD) duty determination for polyethylene terephthalate (PET) film, sheet, and strip from India, as there is now a final and conclusive court decision in this case.
U.S. Customs and Border Protection (CBP) has issued a memorandum describing the terms of a new Harmonized System (HS) Explanatory Note (EN) for heading 4202 on certain containers with an outer surface of grain or split leather that has been coated with a thin layer of plastics or synthetic rubber.
On August 10, 2005, President Bush signed into law (enacted) the conference version of H.R. 3, the "Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users" (SAFETEA-LU).
Recent CIT Decisions on
The Commerce Department (Commerce) has announced that the Committee for the Implementation of Textile Agreements (CITA) has extended until August 31, 2005 the period for making determinations on whether to request consultations with China, and at the same time impose safeguard quotas, on the following China categories for which "threat"-based and/or "actual" market disruption petitions have been filed: