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National Association of Foreign Trade Zones (NAFTZ) Annual Conference Sept. 8-11, 2013

David M. Murphy will address the NAFTZ Annual Conference on September 11, 2013.  The conference entitled FTZs:  A Gateway to Global Opportunities provides a combination of general sessions and specialized breakout tracks for FTZ Grantees and Operator/Users.  Mr. Murphy will be presenting “The Price is Right: Structuring Transactions to Meet CBP Requirements.”

   

COURT REJECTS CUSTOMS’ INTERPRETATION OF “ACCESSORIES AND REINFORCEMENTS” UNDER CHAPTER 64 NOTE 4

On August 2, 2013, the U.S. Court of International Trade (“CIT”) issued a decision in Alpinestars SpA v. United States, Slip Op. 13-98, granting judgment for the importer.  In the decision, the court rejected U.S. Customs’ interpretation of the term “accessories or reinforcements” under Chapter 64 Note 4(a), which the agency had used to classify the motocross boots as footwear with uppers predominantly of plastic, dutiable at 20%  ad valorem.  In reversing Customs’ decision, the CIT found that the boots had uppers predominately of leather and were therefore subject to a substantially lower duty rate of 8.5%  ad valorem.  Alpinestars was represented by the following lawyers at our firm: Erik D. Smithweiss, Heather C. Litman, and Robert B. Silverman.

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Various Commodities Cited Over Forced or Indentured Child Labor Concerns

U.S. Department of Labor, in consultation and cooperation with the State Department and the Department of Homeland Security, has republished and added a number of products (identified by origin) to its running list of products with respect to which the agencies allege they have a reasonable basis to believe might have been mined, produced or manufactured by forced or indentured child labor.

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COURT OVERRULES U.S. CUSTOMS CLASSIFICATION OF BETA-CAROTENE

On June 14, 2013, the U.S. Court of International Trade issued an opinion in Roche Vitamins, Inc. v. United States, Slip Op. 13-73, finding that U.S. Customs incorrectly classified a stabilized beta-carotene product as a food preparation under HTSUS Heading 2106.  The CIT determined that the stabilized beta-carotene product is classified duty free in HTSUS Heading 2936, which covers vitamins and pro-vitamins. 

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