CIT Designates Recycling Machinery Classification Lawsuit as Test Case

An importer’s tariff classification challenge on machinery used in the recycling industry has been designated a test case, according to an order issued by the Court of International Trade April 28 (Vecoplan, LLC v. U.S., CIT # 20-00126). Filed by Vecoplan, the lawsuit challenges CBP’s classification of industrial size-reduction machinery, said the underlying consent motion to designate it as such. CBP had classified the merchandise under subheading 8479.89.9499 (other machine having an individual function, dutiable at 2.5%), while Vecoplan argues for classification under subheading 8479.82.0080 (crushing, grinding, screening, sifting, etc. machines, duty-free). Two other cases filed by Vecoplan seek the same result, and the importer has moved to suspend them under the new test case.