News & Analysis as of

Importers Court of International Trade

BCLP

Importers Who Paid IEEPA Tariffs That Were Later Ruled Unlawful Seek Refunds

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Markets plunged earlier this year upon President Trump’s announcement of steep tariffs on imports to the U.S. from its trading partners, at rates varying from 10% to 125% depending on the country of the imported goods’...more

WilmerHale

IEEPA Tariff Litigation: What You Need to Know About the Federal Court Decisions Threatening the Trump Administration’s Tariff...

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Last week, two federal courts struck down sweeping tariffs that the Trump Administration had recently imposed under the International Emergency Economic Powers Act (IEEPA). ...more

ArentFox Schiff

As the (Customs and Trade) World Turns: November 2024

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Welcome to the November 2024 issue of “As the (Customs and Trade) World Turns,” our monthly newsletter where we compile essential updates from the customs and trade world over the past month. We bring you the most recent and...more

ArentFox Schiff

DHS’ Second UFLPA Strategy Update: Aluminum, PVC, and Seafood Enter the UFLPA’s Purview for Scrutiny and Enforcement

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Since the inception of the Uyghur Forced Labor Prevention Act (UFLPA), importers globally have started to become acutely aware of potential forced labor risks hidden beneath intricate supply chains....more

Braumiller Law Group, PLLC

Hot Topics in International Trade - February 2024 - What is the “First Sale” Rule and How Does it Affect Me?

Carol works in import compliance for Acme Corporation. Her customs broker advises her of a shipment from Kung Pao Industrial Company in China and asks for clearance instructions. Carol has never heard of Kung Pao Industrial...more

Fitch, Even, Tabin & Flannery LLP

Importers Entitled to See Confidential Evidence Used Against Them in Antidumping Proceedings

On July 27, in Royal Brush Manufacturing, Inc. v. United States, the Federal Circuit held that importers have a right to see the evidence used against them in antidumping proceedings by the Customs and Border Patrol (CBP),...more

Braumiller Law Group, PLLC

Braumiller Law Group August 2023 Newsletter

Uniformity, or rather the lack thereof, in procedures and practices within U.S. Customs and Border Protection's (CBP) Centers of Excellence and Expertise (Centers) is evidently harming compliant companies within the trade...more

Husch Blackwell LLP

Federal Circuit Rules that in EAPA Proceedings CBP Must Release Business Confidential Information It Relies Upon to Importers and...

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In an opinion issued on July 27, 2023, the Court of Appeals for the Federal Circuit (“Federal Circuit”) held that U.S. Customs and Border Protection (“CBP”) violated an importer’s due process rights by denying access to...more

ArentFox Schiff

Meyer Decision: First Sale Remains a Savings Avenue for Importers

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First sale appraisement currently remains a legally viable duty savings avenue, including for transactions with vendors in NMEs. On March 1, 2021, Judge Thomas J. Aquilino, Jr. of the US Court of International Trade (CIT)...more

Kelley Drye & Warren LLP

U.S. Importers Should Reevaluate “First Sale” Customs Programs

On March 1, 2021, the U.S. Court of International Trade (CIT) issued a decision with important ramifications for any company that uses “first sale” to reduce customs duty liability for goods imported into the United States. ...more

Clark Hill PLC

New CIT Case Challenges Imposition of China 301 Tariffs Under Lists 3 and 4a - Could Result in Refunds on Duties Already Paid

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On September 10, 2020, Plaintiffs HMTX Industries LLC (“HMTX”), Halstead New England Corporation (“Halstead”), and Metroflor Corporation (“Metroflor”) filed a complaint at the Court of International Trade (“CIT”) alleging...more

ArentFox Schiff

Court Sides With Importer In Not Paying Duties on Royalties

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The case is instructive because these fees must be a “condition of sale” to be dutiable. Therefore, it is critical for importers to review the specific circumstances of their import transactions before including or excluding...more

Sheppard Mullin Richter & Hampton LLP

The Evolution of TAA Compliance Post-Energizer – “Substantially Transformed” Has Substantially Changed

Trade Agreements Act compliance changed fundamentally three years ago. Or, so we thought on December 7, 2016, when the U.S. Court of International Trade (“CIT”), the appellate body for country of origin determinations issued...more

Fox Rothschild LLP

CIT Finds Shoe Importer Was “Grossly Negligent” In Classifying Products

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In recent decision, the Court of International Trade entered a $1.6 million award against shoe importer, Sterling Footwear, Inc. (“Sterling”), for what it found to be grossly negligent product misclassification. Granting the...more

Kelley Drye & Warren LLP

CIT rules on Made in USA claim

A recent ruling by the U.S. Court of International Trade (CIT) has important implications for importers and manufacturers making “Made in USA” claims for products assembled from imported components. While the case concerned...more

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