Trade-Related Court Cases Filed for Week of Dec. 15-21

December 23, 2014 by Brian Feito|Penalties and Courts

The following lawsuits were filed at the Court of International Trade during the week of Dec. 15-21:

Target General Merchandise on the classification of light sets by three different ports. CBP classified the merchandise under subheading 9405.30.0010 (8%). Target says it should have instead been classified under subheading 9405.40.8000 (3.9%). #14-00333-335. Summons filed Dec. 15.

Topcon Positioning Systems on the classification of surveying instruments. CBP classified the merchandise under subheading 9031.49.9000 (3.5%). Topcon says it should have instead been classified under subheading 9015.30.4000 (free). #14-00336. Summons filed Dec. 15.

Hebei Jiheng Chemical Co., Ltd., a Chinese exporter, on the countervailing duty order issued in November on chlorinated isocyanurates from China. #14-00337. Summons filed Dec. 15.

Clean Harbor Environmental Services on the classification of a water carrier truck. CBP classified the merchandise under subheadings 8704.21.0000 (25%) and 8704.22.5020 (25%). Clean Harbor says it should have instead been classified under subheading 8705.90.0000 (free). #14-00338. Summons filed Dec. 16.

Sears Holdings Management Corp. on the classification of LED Christmas tree light sets. CBP classified the merchandise under subheading 9405.30.00 (8%). Sears says it should have instead been classified under subheadings 8543.70.7000 (2%) or 8543.70.9650 (2.6%). #14-00339. Summons filed Dec. 16.

Clean Harbor Environmental Services on the classification of a vacuum truck. CBP classified the merchandise under subheadings 8704.23.0000 (25%). Clean Harbor says it should have instead been classified under subheading 8705.90.0000 (free). #14-00340. Summons filed Dec. 16.

Otter Products challenging CBP's demand for redelivery of cellphone cases under a general exclusion order. #14-00341-343, 14-00345-346. Summons filed Dec. 16. Motion to consolidate all five cases, along with #14-00328, filed Dec. 22.

DMI Furniture challenging CBP's reliquidation of an entry subject to antidumping duties on wooden bedroom furniture from China. DMI claims the merchandise deemed liquidated in 2008, but CBP reliquidated the entry in 2013.

Appeals of CIT Decisions

No appeals of Court of International Trade decisions were filed at the U.S. Court of Appeals for the Federal Circuit during the week of Dec. 15-21.