Trade-Related Court Cases Filed for Week of March 30 - April 5

April 7, 2015 by Brian Feito|Penalties and Courts

The following lawsuits were filed at the Court of International Trade during the week of March 30 - April 5:

Pleasure-Way Industries on the classification of van-based motorhomes. CBP classified the merchandise under HTS subheading 8703.24.00 (2.5%). Pleasure-Way says it should have instead been classified under subheading 9802.00.50 (free). #15-00096. Suspended under case #10-00173. Filed March 31.

M&G Industries challenging the 2011 liquidation of two entries in 1982 of steel wire rope from Japan. CBP liquidated the entries with a duty of 11.88 percent. M&G argues the entries should have been duty free due to CBP's failure to liquidate in a timely manner. #15-00097. Filed April 1.

Mr. Longarm challenging a Commerce Department scope ruling finding Aqua EZ's side cam-lock telepole and ribbed telescopic pole are exempt from antidumping and countervailing duties on aluminum extrusions from China (see 1503040065). #15-00098. Filed April 1.

Hexagon Metrology on the dutiability of its coordinate measuring machines. CBP liquidated Hexagon's WLS400 White Light Measurement Systems under 9031.49.4000 at a 3.5% duty rate. Hexagon said the merchandise should have entered duty free under the U.S.-Israel Free Trade Agreement. #15-00099. Filed April 2.

Ford Atlantic Fastener challenging a Commerce Department scope ruling that found its wall standard units are subject to antidumping and countervailing duties on aluminum extrusions from China (A-570-967/C-570-968) (see 1503090058). #15-00100. Filed April 3.

Target Promotions & Marketing challenging the liquidation of its Chinese wax candles at a 108.3% antidumping duty rate. Target said its candles fall under a "special event" candle exemption that CIT has ruled was eliminated improperly by Commerce (see 14020402). Target also said one of the entries at issue should have deemed liquidated. #15-00101. Filed April 3.

Brenntag Specialties on the classification of hydrophobic fumed silica. CBP classified the merchandise under subheading 3824.90.9290 (5%). Brenntag says it should have instead been classified under subheading 2811.22.5000 (free). #15-00102. Filed April 3.

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 30 - April 5:

JBLU, Inc. appealing a January CIT decision finding CBP can require a trademark be registered or pending in order for a product to qualify for less stringent country of origin marking rules (see 1501300010). CBP had required JBLU's jeans be labeled “made in China” adjacent to and at a similar size as the company’s trade name for several entries filed before the company submitted its trademark application to the PTO. JBLU had argued CBP should instead follow the Lanham Act’s definition of trademark as including trade names even if no PTO application has been filed.