Human Interface Controller Importer Seeks to Suspend Action Under Test Case at CIT

March 10, 2023 by Ben Perkins|Litigation

A Court of International Trade case concerning the classification of human interface controllers should be suspended under a test case, German multinational technology company Robert Bosch argued in a March 8 motion. The request followed a March 1 test case designation by CIT Judge Timothy Stanceu. Both cases involve the same classification issue and the same material facts, Bosch argued. Separate litigation of each case would raise the possibility of separate judgments, which could yield "very problematic" results, Bosch said (Robert Bosch v. U.S., CIT # 20-00028, # 20-00030).

The cases were brought in 2020 (see 2002040008) and remained inactive until February 2023, when Bosch moved to designate case number 20-00028 as a test case.

CBP classified the controllers under Harmonized Tariff Schedule subheading 8473.70.9900, dutiable at 2.6%. Bosch said the agency instead should have classified the items under either subheading 8517.62.0050, 8517.69.0000 or 8517.70.0000, all duty-free.