Trade-Related Court Cases Filed for Week of Dec. 12-18
The following lawsuits were filed at the Court of International Trade during the week of Dec. 12-18:
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Aisin Holdings of America, on the classification of power back door actuator assemblies. CBP classified the merchandise under subheading 8501.31.4000 (4%). Aisin says it should have instead been classified under subheading 8431.39.0080 (free). #16-00261. Filed Dec. 12.
Composite Technology International, on the classification of wood articles (engineered painted rails and stiles). CBP classified the merchandise under subheading 4421.90.9780 (3.3%). Composite Technology says it should have instead been classified under subheading 4412.99.5100 (free) or 4412.99.9500 (free). #16-00262. Filed Dec. 13.
Hartford Fire Insurance, challenging CBP claims on bonds covering entries of garlic. Hartford says the claims should be canceled because CBP has not provided documents for all the entries and the bonds had errors. #16-00263. Filed Dec. 14.
Accolade USA, challenging CBP's valuation of its imported apparel. CBP appraised the merchandise using the transaction value method based on the price paid to Accolade by its unrelated U.S. customers. Accolade says the merchandise should have been appraised under the transaction value method based on the price paid by Accolade to its affiliated Canadian supplier, or alternatively under the deductive value method. #16-00264. Filed Dec. 15.
Tokyo Ohka Kogyo America Inc., on the classification of photoresists and other chemical products for photographic uses. CBP classified the merchandise under subheading 3707.90.32 (6.5%). Ohka Kogyo says it should have instead been classified under subheading 3707.10.00 (3%). #15-00265. Filed Dec. 15.
​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 Dec. 12-18:
SolarWorld Americas, appealing CIT's ruling in October that CBP should not have suspended liquidation of Sunpreme’s entries of hybrid solar cells based on its own interpretation of the ambiguous scope language before Commerce clarified it in a scope ruling, and that Commerce cannot assess AD/CV duties on the improperly suspended entries once it found Sunpreme’s hybrid cells were covered by the scope (see 1610200024). #17-1351. Opened Dec. 13.