Trade-Related Court Cases Filed Oct. 19-25

October 27, 2020 |Penalties and Courts

The following lawsuits were filed at the Court of International Trade during the week of Oct. 19-25:

Guangdong Hongteo Technology Co., Ltd., on the classification of automotive parts. CBP classified the merchandise under subheading 8409.91.5085 (2.5%), with Section 301 tariffs assessed. Guangdong Hongteo says the merchandise is classifiable under subheading 8413.91.9080 (free), 8413.91.9095 (free) or 8302.30.3060 (free) and excluded from Section 301 tariffs. #20-03776. Filed Oct. 19.

Master's Lumber & Hardware LLC, on the classification of laminated wood flooring and vinyl tiles. CBP classified the laminated flooring under subheading 4411.13.2000 (1.9 cents/kg +2.5%) and the vinyl tiles under subheading 3918.10.0000 (5.3%), both of which are subject to Section 301 tariffs under subheading 9903.88.03 (25%). Master's agrees with CBP's classification of the merchandise but says the laminated wood flooring should be exempt from the Section 301 tariffs under subheading 9903.88.48, and the vinyl tiles exempt under either subheading 9903.88.34 or 8803.88.38. #20-03781. Filed Oct. 20.

Auto Importers, LLC, on the classification of used automobiles. CBP classified the merchandise under subheading 8704.31.0020 (25%). Auto Importers says the merchandise is classifiable as U.S. goods returned under subheading 9801.00.1066 (free). #20-03782. Filed Oct. 21.

Tali Corp. (doing business as BKR), on the classification of glassware. CBP classified the merchandise under subheadings 7013.49.2000 (22.5%) and 7013.48.5000 (15%). Tali says the merchandise is classifiable under subheading 7010.89.5019 (free) or 7020.00.60 (5%). #20-03794. Filed Oct. 23.

Another 19 lawsuits were filed at the CIT during the week of Oct. 19-25 to challenge lists 3 and 4A Section 301 tariffs on products from China (see 2009220029). For a full list, see the Pacer database. The law firm Roll & Harris also maintains a spreadsheet of cases on its website.

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 Oct. 19-25:

Kent International, appealing an Aug. 25 CIT decision that found its child bicycle seats classifiable in heading 8714 at a 10% duty rate, rather than in a duty-free provision of subheading 9401.80 (see 2008260036). #21-1065. Opened Oct. 19.

Rebar Trade Action Coalition, appealing a Sept. 4 CIT decision that upheld a redetermination of the antidumping duty investigation on steel concrete reinforcing bar from Turkey. #21-1066. Opened Oct. 19.