http://del.icio.us/wtlnews/Customs bookmarks tagged Customs by wtlnews https://shop.icio.us/sales/the-limited-edition-black-hawk-drone-hd-camera?utm_source=del.icio.us&utm_medium=referral&utm_campaign=the-limited-edition-black-hawk-drone-hd-camera https://shop.icio.us/sales/the-limited-edition-black-hawk-drone-hd-camera?utm_source=del.icio.us&utm_medium=referral&utm_campaign=the-limited-edition-black-hawk-drone-hd-camera https://shop.icio.us/sales/the-limited-edition-black-hawk-drone-hd-camera?utm_source=del.icio.us&utm_medium=referral&utm_campaign=the-limited-edition-black-hawk-drone-hd-camera https://shop.icio.us/sales/the-limited-edition-black-hawk-drone-hd-camera?utm_source=del.icio.us&utm_medium=referral&utm_campaign=the-limited-edition-black-hawk-drone-hd-camera wtlnews's links Our #1 Best-Selling Drone--Meet the Dark Night of the Sky! Tue, 26 Jul 2011 23:59:32 +0000 http://del.icio.us/url/059a135bf875f818466e1aeeb6d832c2#wtlnews http://customslaw.blogspot.com/2011/07/how-do-you-classify-diaper-machine.html http://del.icio.us/url/059a135bf875f818466e1aeeb6d832c2 http://feeds.del.icio.us/v2/rss/url/059a135bf875f818466e1aeeb6d832c2 wtlnews's links The question in National Presto Industries v. United States, is whether an adult diaper-making machine is classified in 8441 as other machinery for making up paper pulp, paper, or paperboard or in 8479 as other machinery having an individual function, not specified or included elsewhere in Chapter 84. Typically, one would assume that 8441 will apply because it is more specific than 8479, which is a basket provision. But, that analysis skips past General Rule of Interpretation 1. If the goods fit in 8441, they go there. Customs Mon, 30 May 2011 14:38:55 +0000 http://del.icio.us/url/56e7bc759a0595457380cf9d575888ae#wtlnews http://customslaw.blogspot.com/2011/05/benq-remanded.html http://del.icio.us/url/56e7bc759a0595457380cf9d575888ae http://feeds.del.icio.us/v2/rss/url/56e7bc759a0595457380cf9d575888ae wtlnews's links The Court of Appeals for the Federal Circuit has vacated and remanded the decision of the Court of International Trade concerning the tariff classification of video monitors that are most likely used with computers but have standard connections for use with other video sources. My post on the original decision is available here. Customs Mon, 23 May 2011 17:25:21 +0000 http://del.icio.us/url/f1c8e1bc111701fe8cb20c538d2ab6b5#wtlnews http://customslaw.blogspot.com/2011/05/court-catch-up-3-in-which-hot-surfaces.html http://del.icio.us/url/f1c8e1bc111701fe8cb20c538d2ab6b5 http://feeds.del.icio.us/v2/rss/url/f1c8e1bc111701fe8cb20c538d2ab6b5 wtlnews's links Graphite Sales v. United States is a classification case involving electric heating resistors. These are metal elements connected by wires to a power source. When electricity flows, the element heats up. If you are having trouble picturing that, look inside your toaster when it is on. We are talking about the red things, except that the resistors at issue are more compact are are used in gas appliances like stoves and clothes dryers. They heat up and ignite the gas in the appliance and serve as an alternative to a pilot light. Customs Mon, 23 May 2011 17:25:12 +0000 http://del.icio.us/url/80174bc4a0c7b3e11650654cf59171de#wtlnews http://customslaw.blogspot.com/2011/05/court-catch-up-2-in-which-pirates-are.html http://del.icio.us/url/80174bc4a0c7b3e11650654cf59171de http://feeds.del.icio.us/v2/rss/url/80174bc4a0c7b3e11650654cf59171de wtlnews's links In CBB Group Inc. v. United States, the underlying issue has to do with plush toys that Customs and Border Protection detained as piratical copies. "Piratical" in this sense has nothing to do with Jack Sparrow or Black Beard. Rather, it refers to products the production of which, if made in the U.S., would constitute copyright infringement. So, DVDs holding a copy of Pirates of the Caribbean: On Stranger Tides, produced in China without the express written consent of Disney, would be piratical (in two senses). Customs Mon, 23 May 2011 17:25:01 +0000 http://del.icio.us/url/ccb7dc2133c9a19347e30839f8dbb8c9#wtlnews http://customslaw.blogspot.com/2011/05/court-catch-up-1-in-which-surety-does.html http://del.icio.us/url/ccb7dc2133c9a19347e30839f8dbb8c9 http://feeds.del.icio.us/v2/rss/url/ccb7dc2133c9a19347e30839f8dbb8c9 wtlnews's links United States v. American Home Assurance Co. is a penalty case that is in the early stages. The defendant, a surety, asked the court to grant summary judgment in its favor and to stay any further discovery until the court acts on the summary judgment motion. The United States has also asked for a stay, but it wants a stay of the summary judgment motion until discovery is complete. The basis for the defendant's motion is that Customs apparently suspended liquidation of the relevant entries but never notified the surety of that suspension. According to the surety, that means the suspension was ineffective. Customs Mon, 04 Apr 2011 13:36:18 +0000 http://del.icio.us/url/27f878a4d769c21803d07056f981e345#wtlnews http://customslaw.blogspot.com/2011/04/cafc-reverses-storewall.html http://del.icio.us/url/27f878a4d769c21803d07056f981e345 http://feeds.del.icio.us/v2/rss/url/27f878a4d769c21803d07056f981e345 wtlnews's links As the post title might suggest, the Federal Circuit has reversed the Court of International Trade decision in storeWall v. United States. My previous discussion of this case is here. Customs Tue, 22 Mar 2011 14:21:08 +0000 http://del.icio.us/url/ccb254ce20d4f74298303b14a12db524#wtlnews http://www.oregonlive.com/business/index.ssf/2011/03/wyden_cites_overseas_tariff_do.html http://del.icio.us/url/ccb254ce20d4f74298303b14a12db524 http://feeds.del.icio.us/v2/rss/url/ccb254ce20d4f74298303b14a12db524 wtlnews's links Looking to crack down on illegal dumping by overseas manufacturers, staff members for Sen. Ron Wyden, D-Ore., conducted their own clandestine survey last fall and found a surprising number of Chinese exporters ready and willing to commit fraud to avoid U.S. customs duties on the goods they ship here. Customs Tue, 25 Jan 2011 17:58:11 +0000 http://del.icio.us/url/28adb898cd5e6744c8d1edc96287442b#wtlnews http://customslaw.blogspot.com/2011/01/e-jurisdiction-let-flood-gates-open_25.html http://del.icio.us/url/28adb898cd5e6744c8d1edc96287442b http://feeds.del.icio.us/v2/rss/url/28adb898cd5e6744c8d1edc96287442b wtlnews's links The Court of International Trade is, like all federal courts, a court of special and limited jurisdiction--just more so. If a case does not fall within the scope of 28 USC 1581-84, the CIT has no power to hear it. Some of the provisions of section 1581 have been effectively dormant. Until yesterday, that was true of 1581(e), which provides: Customs Fri, 07 Jan 2011 18:23:51 +0000 http://del.icio.us/url/ccd49f38e69b7c860215fc4fae7cf84a#wtlnews http://customslaw.blogspot.com/2011/01/beta-test-or-color-me-orange.html http://del.icio.us/url/ccd49f38e69b7c860215fc4fae7cf84a http://feeds.del.icio.us/v2/rss/url/ccd49f38e69b7c860215fc4fae7cf84a wtlnews's links Customs Tue, 14 Dec 2010 03:50:17 +0000 http://del.icio.us/url/52023fb75ffd92c2614b9dee7982bcf5#wtlnews http://customslaw.blogspot.com/2010/12/costco-tie-goes-to-circuit-court.html http://del.icio.us/url/52023fb75ffd92c2614b9dee7982bcf5 http://feeds.del.icio.us/v2/rss/url/52023fb75ffd92c2614b9dee7982bcf5 wtlnews's links The Supreme Court has decided the Costco grey market Omega watch case. We discussed that earlier here. Unfortunately for those seeking clarity, the case was "decided" by an eight-judge panel. Newest Justice Kagan was excluded because she worked on the case at the Justice Department. As you Supreme Court scholars know, a tie decision results in a non-precedential affirmance of the lower court decision. Thus, this is entirely anticlimactic. Customs Fri, 10 Dec 2010 21:01:07 +0000 http://del.icio.us/url/0f59fdf91fb6d1d1864d49afbc14fba6#wtlnews http://customslaw.blogspot.com/2010/12/on-horizon.html http://del.icio.us/url/0f59fdf91fb6d1d1864d49afbc14fba6 http://feeds.del.icio.us/v2/rss/url/0f59fdf91fb6d1d1864d49afbc14fba6 wtlnews's links The Court of Appeals for the Federal Circuit has decided the appeal in Horizon Lines v. United States. Interestingly, the CAFC affirmed the Court of International Trade but found that the lower court had committed harmless error in its legal analysis. Customs Sun, 21 Nov 2010 13:55:22 +0000 http://del.icio.us/url/b551d8b548e24a3f885ddb6c917206de#wtlnews http://customslaw.blogspot.com/2010/11/judicial-conference-in-nutshell.html http://del.icio.us/url/b551d8b548e24a3f885ddb6c917206de http://feeds.del.icio.us/v2/rss/url/b551d8b548e24a3f885ddb6c917206de wtlnews's links I always enjoy the Court of International Trade Judicial Conference, and the most recent edition was no exception. Granted, a lot of the personal enjoyment comes from having the opportunity to see friends and colleagues. But, there is plenty of substance to be absorbed as well. Customs Thu, 11 Nov 2010 18:36:42 +0000 http://del.icio.us/url/dc756d27ecbd466848f84fc7cc6835f6#wtlnews http://www.bworldonline.com/main/content.php?id=21085 http://del.icio.us/url/dc756d27ecbd466848f84fc7cc6835f6 http://feeds.del.icio.us/v2/rss/url/dc756d27ecbd466848f84fc7cc6835f6 wtlnews's links THE CUSTOMS bureau will proceed with its plan to forcibly buy imports found to be undervalued after addressing key reservations aired by the Finance department, its mother agency, the head of the state’s second biggest revenue collector said. Customs Tue, 02 Nov 2010 23:34:23 +0000 http://del.icio.us/url/24968fdc1d9197987ad8cee8910a1334#wtlnews http://customsclassification.strtrade.com/2010/11/02/iit-hangers-hung-out-to-dry/ http://del.icio.us/url/24968fdc1d9197987ad8cee8910a1334 http://feeds.del.icio.us/v2/rss/url/24968fdc1d9197987ad8cee8910a1334 wtlnews's links An oldie but goodie has come up again recently: hangers imported with garments. Dozens of rulings over the last ten years or so have demonstrated that importers have the option to either: 1.) pay a lower duty on reusable hangers than the garments with which they are imported, or 2.) jump through some hoops for the right to enter them – or not enter them as the case may be – free of duty, presuming the necessary requirements are met. In HQ H117917 (October 13, 2010), CBP essentially confirmed that hangers eligible for duty free treatment are not exempt from any regulatory requirements that yield the duty free option. It therefore begs the question: does the cost of complying with the regulations outweigh the benefits of simply entering eligible hangers in a reduced duty provision? Customs Wed, 27 Oct 2010 12:54:27 +0000 http://del.icio.us/url/1a86bdb47a7947cf18f7a542ed5009a3#wtlnews http://customslaw.blogspot.com/2010/10/dirty-deems-done-dirt-cheap.html http://del.icio.us/url/1a86bdb47a7947cf18f7a542ed5009a3 http://feeds.del.icio.us/v2/rss/url/1a86bdb47a7947cf18f7a542ed5009a3 wtlnews's links This case is very strange. It is also one of those interesting cases that involves the intersection of customs and trade law. Specifically, it involves Customs and Border Protection's treatment of entries subject to an antidumping duty order. As it happens, that treatment was wrong. Customs TradeRemedies