Brian Feito

The termination of an exemption from solar safeguard duties for bifacial solar panels will not yet proceed, after the Court of International Trade on May 27 refused to dissolve an injunction blocking its withdrawal, despite the government’s claims that a recent request for comments resolved the court’s concerns.

The International Trade Commission is launching an investigation into possible additions and removals of products from the Generalized System of Preferences benefits program, it said in a May 21 press release. Conducted in response to a request from the U.S. trade representative, the investigation will inform USTR’s decisions on product eligibility in the ongoing 2020 GSP annual review. ITC and the USTR will also in the review consider whether to grant requests for de minimis and competitive need limitations waivers.

The Court of International Trade on May 18 again held that CBP plays a central role in the Section 337 exclusion order enforcement process, reiterating its earlier decision that exclusions may be protestable and challenged at the trade court (see 2003040057).

Jewelry boxes imported by The Kalencom Corporation have an “outer surface of sheeting of plastics,” and carry a higher duty rate than paper jewelry boxes, the Court of International Trade said in a May 18 decision. Though the boxes are made of paper, the plastic films applied to that paper form the outer surface, and constitute “sheeting” despite their thinness, CIT said, over Kalencom’s objections.

CBP will begin processing refunds for some substitution drawback claims involving internal revenue taxes, after the Court of International Trade on May 15 denied the government’s motion to stay its recent decision invalidating portions of CBP’s drawback regulations, pending an appeal to the Federal Circuit.

The Animal and Plant Health Inspection Service on May 18 issued new regulations on importation and other movements of genetically engineered organisms. Under the final rule, importers will have the choice of either an APHIS review pre-importation to determine whether a permit is necessary, or just applying for a permit. Developers of GE organisms are also able to self-determine that their GE organism is exempt, though invalid self-determinations will be subject to penalties.

Another customs broker agreed to strict power of attorney verification requirements to settle a trademark infringement lawsuit brought by Nike. Under the terms of the settlement, B&H Customs Brokers will have to visit its importer clients to verify their identities, or otherwise review the government-issued identification of the employee of the importer that signed the power of attorney. B&H did not admit its guilt as part of the settlement.

Used clothing need not have fabric that is stressed or deteriorated from continued use to be classified as worn clothing in the tariff schedule, the Court of International Trade said in a May 6 decision that runs counter to more than two decades of CBP rulings and guidance on the subject.

Juice “bottle toppers” that depict the heads of popular children’s characters are classifiable in the tariff schedule as lids, not as toys, the Court of International Trade said in a May 5 decision. Good2Grow, the importer, argued that the bottle toppers are classifiable in a duty-free provision of Chapter 95, but CIT found that a note excluding kitchenware, tableware, bed linens and similar articles with utilitarian functions from classification in that chapter applies to all goods with a primarily utilitarian purpose, and not just festive articles.

The following lawsuits were filed at the Court of International Trade during the week of April 27 - May 3: