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#Classification

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Oct 19Mon
  1. CIT · Slip Opinions

    CIT partially dismisses Voith US classification action for lack of jurisdiction over 30 protests

    The U.S. Court of International Trade held in Slip Op. 26-127, Court No. 24-00029, that it lacks subject matter jurisdiction over 30 of the 36 protests Voith US Inc. listed on its summons because those protests were still pending before CBP when the action commenced, and it dismissed the claims as to two further protests, 550124107102 and 550124107103, that appeared in the complaint but not on the summons. The partial dismissal confines the action to six protests (160123106680, 151223100887, 151223100888, 040123103090, 140123107549 and 240223100665) and their underlying entries of QualiFlex press sleeves from Germany made in 2021 and 2022.

Sep 16Wed
  1. CIT · Slip Opinions

    CIT denies preliminary injunction against CBP deactivation of customs broker's entry filer code

    The U.S. Court of International Trade denied Forrest Xu's motion for a preliminary injunction in Slip Op. 26-115, Court No. 26-03403, leaving in place CBP's deactivation of his entry filer code, which prevents him from filing entries electronically through ABI and by paper under that code. Judge Lisa W. Wang found Xu was not likely to succeed on the merits of his due process claim. CBP's June 1, 2026 letter told Xu he could seek reinstatement of the entry filer code after a minimum of 180 calendar days from the date of that letter.

Sep 2Wed
  1. CIT · Slip Opinions

    CIT rules feed-grade chlortetracycline concentrate is classifiable as an antibiotic under 2941.30.00

    In Slip Op. 26-102, Court No. 22-00056, the U.S. Court of International Trade granted Zoetis Services LLC's motion for summary judgment and denied the government's cross-motion, holding that feed-grade chlortetracycline concentrate manufactured in China by Jinhe Biotechnology Co., Ltd. is properly classified as an antibiotic under subheading 2941.30.00 rather than as an animal feed preparation under heading 2309. CBP had liquidated two Chicago entries, dated December 26, 2019 and January 22, 2020, under subheading 2309.90.10 and assessed Section 301 duties under 9903.88.03 at 25 percent ad valorem; the government argued on cross-motion for subheading 2309.90.95 at 1.4 percent.

Jul 8Wed
  1. CIT · Slip Opinions

    CIT dismisses third challenge to CBP denial of customs broker license over CBLE Question No. 27

    The U.S. Court of International Trade granted the government's motion to dismiss in Byungmin Chae v. United States, Slip Op. 26-72, Court No. 26-00788, holding that the plaintiff's third challenge to CBP's denial of credit for Question No. 27 on the April 2018 Customs Broker License Examination is barred by claim preclusion. The opinion, dated July 8, 2026, was issued by Judge Timothy M. Reif. The court found the action arises from the same transactional facts as the earlier litigation, in which the plaintiff's score reached 73.75 percent, below the 75 percent passing score required by 19 C.F.R. § 111.11(a)(4).

Jun 9Tue
  1. CIT · Slip Opinions

    CIT denies summary judgment to LANXESS on classification of Axion CA 1330 catalyst mixture

    The U.S. Court of International Trade, in Slip Op. 26-58, Court No. 23-00073, denied LANXESS Corporation's motion for summary judgment and granted in part and denied in part the government's cross-motion on the classification of Axion CA 1330, a liquid mixture of toluene, methylaluminoxane and trimethylaluminum. The court weighed HTSUS subheading 3208.90.00 as a paint or varnish at 3.2% ad valorem, subheading 3815.19.00 as a supported catalyst at 0% (LANXESS's position), and subheading 3824.99.28 as a preparation of the chemical or allied industries at 6.5% (the government's position).

May 12Tue
  1. CIT · Slip Opinions

    CIT sustains second remand results assigning zero dumping margin to Fufeng and Meihua in xanthan gum review

    The U.S. Court of International Trade sustained Commerce's Second Remand Results in Consol. Court No. 23-00068, the 2020-2021 administrative review of the antidumping duty order on xanthan gum from China (88 Fed. Reg. 9861). On remand, Commerce found HTS 2701.19 to be the proper subheading for valuing Fufeng's coal factor of production and calculated a revised dumping margin of zero percent for Neimenggu Fufeng Biotechnologies Co., Shandong Fufeng Fermentation Co. and Xinjiang Fufeng Biotechnologies Co.; Meihua Group International (Hong Kong) Limited and Xinjiang Meihua Amino Acid Co., Ltd. had their separate rate recalculated to zero percent because it was based on Fufeng's weighted-average margin.

Apr 23Thu
  1. CIT · Slip Opinions

    CIT rules in Cyber Power Systems v. United States on classification of UPS cables and Section 301 duties

    The U.S. Court of International Trade held in Slip Op. 26-41, Court No. 21-00200, that Cyber Power Systems (USA) Inc.'s eight models of cables are properly classified under subheading 8544.42.90, HTSUS, and subheading 9903.88.03, HTSUS, but that the government is not entitled to collect the additional 2.6 percent ad valorem duty that would normally be due under subheading 8544.42.90.