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Trade-Related Court Cases Filed for Week of Sept. 12-18

September 20, 2016 by Brian Feito|Penalties and Courts

The following lawsuits were filed at the Court of International Trade during the week of Sept. 12-18:

Russ Berrie, on the classification of Christmas or other festive articles. CBP classified the merchandise under various subheadings of chapters 42, 44, 63, 69, 71, 73, 80, 82, 83, 94 and 96 (3.2% to 11.6%). Russ Berrie says it should have instead been classified under subheading 9505.10.2500, 9505.10.5020 or 9505.90.6000 (free). #16-00180. Filed Sept. 13

Incase Design, on the classification of cases for the iPad and iPhone. CBP classified the merchandise under subheadings 3926.10.00 (5.3%) and 3926.90.99 (5.3%). Incase says it should have instead been classified under subheading 4820.30.00 (free) or 8473.30.51 (free). #16-00181. Filed Sept. 13.

Porsche Motorsport North America, on whether racing tools, parts and accessories registered with CBP and temporarily exported to Canada for possible use in races may be returned to the U.S. after races and classified under subheading 9801.00.85. #16-00182. Filed Sept. 13.

Agilent Technologies, challenging a recent Commerce Department scope ruling that found its mass filter radiators are subject to AD/CV duties on aluminum extrusions from China (see 1608220063). #16-00183. Filed Sept. 14.

Americana Development Inc., dba Martin Wheel, on the classification of lawn mower tires. CBP classified the merchandise under subheadings 4011.99.8500 (3.4%). Americana says it should have instead been classified under subheading 9817.00.6000 (free). #16-00184. Filed Sept. 16.

​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 (CAFC) during the week of Sept. 12-18.

The U.S. government, appealing a July 15 CIT decision that found screws imported by GRK Canada are classifiable as self-tapping screws, not wood screws (see 1607180039). Ordered by CAFC to consider the screws' intended use, CIT found GRK's screws share the physical characteristics of self-tapping screws, and are suitable for use in materials other than wood. #16-2923. Filed Sept. 12.

Guangdong Dongyuan Kitchenware Industrial Co., Ltd., challenging a July 14 CIT decision that affirmed a redetermination in the antidumping duty investigation on drawn stainless steel sinks from China. # 16-2637. Filed Sept. 15.