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).