Trade-Related Court Cases Filed for Week of March 9-15

March 17, 2015 by Brian Feito|Penalties and Courts

The following lawsuits were filed at the Court of International Trade during the week of March 9-15:

United States seeking $16,888,211.73 in lost penalties plus $242,027.89 in lost revenue from China Tire Warehouse for falsely classifying its imported tires in duty free categories in order to avoid paying duties. #15-00059. Filed March 9.

Textiles from Europe Inc., dba Victoria Classics Ltd., on the classification of a bedding assortment in a reusable PVC storage bag. CBP classified the merchandise as a set under subheading 9404.90.8522 (12.8%). Textiles from Europe says it should have instead been classified under subheadings 9404.90.8222 (12.8%), 6303.92.2050 (11.3%), 6304.93.0000 (9.3%), 9404.90.2000 (6%) and 3924.90.5650 (3.4%). #15-00060. Filed March 11.

StarKist Co. on the classification of prepared tuna products. CBP classified the merchandise under subheading 1604.14.10 (35%). StarKist says it should have instead been classified under subheading 1604.14.22 when in quota (6%), and 1604.14.30 ex quota (12.5%). #15-00061. Filed March 12.

Pharma Marine USA on the classification of calamarine oil. CBP classified the merchandise under subheading 1504.20.6040 (4.5¢/kg + 5%). Pharma Marine says it should have instead been classified under subheading 3001.90.0190 (free) or 1516.10.0000 (0.5%). #15-00062-64. Filed March 13.

Soltex challenging the denial of duty preferences under the U.S. South Korea Free Trade Agreement for its polyisobutylene under HTS subheading 3902.20.5000.

Appeals of CIT Decisions

The following appeals of Court of International Trade decisions were filed at the U.S. Court of Appeals for the Federal Circuit during the week of March 9-15:

Since Hardware (Guangzhou) Co., Ltd. appealing CIT's Dec. 30 decision affirming the Commerce Department's redetermination on remand of the final results of the 2008-09 antidumping duty administrative review on floor-standing, metal-top ironing tables and certain parts thereof from China. #15-1435. Filed March 12.