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COURT OF APPEALS RULES THAT SANTA SUIT IS NOT FESTIVE

The Court of Appeals for the Federal Circuit (in the April 29, 2019 decision in Rubies Costume Company v. United States), considered whether the below “Premier Plush 9 Piece Santa Suit” (consisting of a jacket, pants, gloves, a toy sack, a beard, a wig, a hat, a belt, and shoe covers) fell within the tariff […]

PETITIONS FOR THE IMPOSITION OF ANTIDUMPING DUTIES AND COUNTERVAILING DUTIES ON VERTICAL METAL FILE CABINETS FROM CHINA

I.  Type of Action: Antidumping Duty (“AD”) and Countervailing Duty (“CVD”): China II.  Product: The scope of this investigation covers freestanding vertical metal file cabinets containing extendable file storage elements, having a width of 25 inches or less and having a height that is greater than its width (“vertical metal file cabinets”). The subject vertical metal […]

PETITIONS FOR THE IMPOSITION OF ANTIDUMPING AND COUNTERVAILING DUTIES ON DRIED TART CHERRIES FROM THE REPUBLIC OF TURKEY (A-489-835 / C-489-836)

I.  Type of Action: Antidumping Duty (“AD”) and Countervailing Duty (“CVD”) II.  Product: The scope of these investigations covers dried tart cherries, which may also be referred to as dried sour cherries or dried red tart cherries. Dried tart cherries may be processed from any variety of tart cherries. Tart cherries are generally classified as Prunus cerasus. […]

PRESENTATION BY FRANK J. DESIDERIO AT THE NATIONAL CUSTOMS BROKERS & FREIGHT FORWARDERS ASSOCIATION’S 46TH ANNUAL CONFERENCE IN SAN ANTONIO, TEXAS

On Monday, April 15, 2019, Partner, Frank Desiderio presented a program entitled “CASE STUDY; Broker Liabilities in a Litigious World” at the National Customs Brokers & Freight Forwarders Association’s 46th Annual Conference in San Antonio, Texas. The topic included an in depth analysis of NIKE and False Claims Act litigation in trade matters.  Mr. Desiderio is also an invited […]

USTR RELEASES LIST OF ADDITIONAL PRODUCTS EXCLUDED FROM CHINA 301 TARIFFS

The U.S. Trade Representative has published a list of additional products excluded from the Section 301 tariffs on Chinese origin products.  Additional duties of 25% ad valorem were applied to these products as of July 6, 2018.  The exclusions are retroactive to July 6, 2018 and will extend for one year after publication of the […]

POSSIBLE RETALIATORY DUTIES ON PRODUCTS FROM THE EUROPEAN UNION

The USTR has published a preliminary list of Harmonized Tariff Schedule (“HTS”) codes on which the USTR may impose future Section 301 duties in connection with products imported from the European Union. The list includes products in the aerospace sector as well as a wide range of consumer goods, including food and beverage products, handbags, […]

PETITIONS FOR THE IMPOSITION OF ANTIDUMPING AND COUNTERVAILING DUTIES ON CERAMIC TILE FROM CHINA

I.  Type of Action: Antidumping Duty (“AD”) and Countervailing Duty (“CVD”): China II.  Product: The Products covered by this petition include ceramic tile, regardless of the percent water absorption, including porcelain tile (.05% or less water absorption) vitreous tile (over 0.5% to 3% water absorption), semi-vitreous tile (over 3% to 7% water absorption), and non-vitreous tile […]

POTENTIAL CHALLENGE TO THE PRESIDENT’S SECTION 232 DUTIES

On March 25, 2019, a three-judge panel of the U.S. Court of International Trade (“CIT”) dismissed Am. Inst. For Int’l Steel v. Judges United States, CIT No. 18-00152, in which a number of plaintiffs had challenged President Trump’s decision of March 18, 2018 to impose a 25% additional duty on certain steel imports and a […]

DDP PURCHASER SETTLES FALSE CLAIMS ACT CASE

The Department of Justice announced a False Claims Act settlement with a company who purchased apparel on a delivered duty paid basis (commonly referred to as DDP or LDP).

NEW EXCEPTIONS MADE FOR CERTAIN GARMENTS OF SPECIFIED NON-ORIGINATING FABRICS UNDER THE U.S.-MOROCCO FREE TRADE AGREEMENT (USMFTA)

The U.S. has announced an agreement with Morocco, effective April 1, 2019, under which the originating status rule for five classes of woven garments has been modified to allow for the use of certain non-originating fabrics (i.e., the specified fabrics for the listed garments may be sourced from outside of Morocco or the U.S.) In […]