Trade-Related Court Cases Filed for Weeks of Dec. 18-31
The following lawsuits were filed at the Court of International Trade during the weeks of Dec. 18-31:
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Bravo Sports, on the classification of pop-up shelters. CBP classified the merchandise under subheading 6307.90.9889 (7%). Bravo Sports says it should instead have been classified under subheading 7308.90.95.90 (free). #17-00282. Filed Dec. 21.
International E-Z Up, Inc., on the classification of pop-up shelters. CBP classified the merchandise under subheading 6307.90.98 (7%). International E-Z Up says it should instead have been classified under subheading 7308.90.95 (free) or 7326.90.85 (2.9%). #17-00283. Filed Dec. 21.
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 America says it instead should have been classified under subheading 3707.10.00 (3%). #17-00284. Filed Dec. 21.
Sunvalleytek, on whether its imported battery chargers are subject to antidumping and countervailing duties on solar cells from China, and whether they are eligible for valuation using the transaction value of the first sale price. #17-00285. Filed Dec. 22.
United States, seeking Section 1592 penalties from The Merchant of Tennis (dba U.S. Merchants) for the alleged misclassification of entries of shop towels, terry-towels and microfiber-covered sponges and towels under the subheading for scraps and rags. #17-286. Filed Dec. 26.
Simpson Strong-Tie Company, challenging a Commerce Department scope ruling that found its one-piece split-drive masonry anchors are covered by antidumping duties on steel nails from China (see 1712190067). #17-287. Filed Dec. 28.
​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 weeks of Dec. 18-31:
Rubies Costume Company, appealing an Oct. 31 CIT decision that found its imported Santa Claus suits are classifiable in the tariff schedule as wearing apparel, not festive articles (see 1711010028). #18-1305. Filed Dec. 18.
ADC Telecommunications, appealing an Oct. 18 CIT decision that found its fiber optic telecommunications network modules are classifiable in the tariff schedule as optical instruments, not data transmission equipment (see 1710190037). #18-1316. Filed Dec. 21.
Maverick Tube Corporation, appealing an Oct. 27 CIT decision sustaining the Commerce Department's final negative determination in the countervailing duty investigation on welded line pipe from South Korea. #18-1351. Filed Dec. 28.