The Court of International Trade on Jan. 19 granted a joint motion that results in duty-free treatment for swimsuits reimported by SGS Sports under Harmonized Tariff Schedule subheading 9801.00.20. The ruling avoids a bench trial over whether the swimsuits qualify for the subheading as U.S. goods returned to the country.
Court of International Trade activity
Two nominees intended to fill judicial vacancies at the Court of International Trade will again be considered by the Senate after the chamber failed to approve them within the 2023 calendar year (see 2312220013).
The Court of International Trade on Jan. 19 granted a stipulation of facts and joint motion for judgment from importer SGS Sports and the U.S. in a customs spat on the classification of reimported swimsuits. Judge Jennifer Choe-Groves said that, per the stipulation of facts, SGS Sports' entries qualify for duty-free treatment under Harmonized Tariff Schedule subheading 9801.00.20.
The Supreme Court heard oral argument on Jan. 17 in a pair of cases contesting the Chevron doctrine, under which deference is afforded to executive agencies in interpreting federal laws where there is ambiguity. Many of the justices appeared primed to strike down the doctrine, including Justices Neil Gorsuch, Brett Kavanaugh, Samuel Alito and John Roberts, who either criticized its use or questioned its current relevancy and impact (Loper Bright Enterprises v. Raimondo, Sup. Ct. # 22-451) (Relentless v. Dept. of Commerce, Sup. Ct. # 22-1219).
The Court of International Trade in a Jan. 19 opinion sustained the Commerce Department's final remand results in a case on the countervailing duty investigation of phosphate fertilizers from Russia. Judge Jane Restani upheld Commerce's decision use of exporter PhosAgro's profit before tax calculation rather than its gross profit figure in its profit ratio calculation. The agency explained that the profit before tax is "narrower and helps to isolate costs for phosphate ore mining and beneficiation activities." Restani said that PhosAgro failed to show that "including expenses broader than those involved in the mining and beneficiation of phosphate ore would bolster Commerce's goal to render an accurate profit ratio."
NEW YORK -- The Court of International Trade held oral argument on Jan. 18 in Chinese exporter Ninestar's case challenging its placement on the Uyghur Forced Labor Prevention Act Entity List, addressing the company's motion for a preliminary injunction against its listing and its bid to unseal and unredact the record in the case (Ninestar Corp. v. U.S., CIT # 23-00182).
New questionnaire responses showed it was a common domestic practice to reship surplus merchandise accidentally ordered to flooded markets, the International Trade Commission said as it continued to find on remand that Moroccan and Russian phosphate fertilizer had depressed U.S. fertilizer prices and harmed U.S. industry (OCP v. U.S., CIT Consol. # 21-00219).
The Commerce Department’s use of Turkish lira, not U.S. dollars, to calculate home market sales was contrary to record evidence that a Turkish exporter used the latter currency in its price negotiations, invoices and records, the exporter said on appeal (Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. v. U.S., Fed. Cir. # 24-1158).
Apple likely will stop selling watches that contain pulse oximeters, at least for now, after a Jan. 17 court order made clear that a stay on those watches’ Section 337 import ban would end the next day (Apple v. International Trade Commission, Fed. Cir. # 24-1285).
Pistol maker Glock sued the U.S. at the Court of International Trade Jan. 16, saying CBP, upon liquidation of Glock’s imports, erroneously failed to deduct Glock’s royalty payments from the imports’ value calculation (Glock v. U.S., CIT # 23-00046).