News

GDLSK Wins Container Store Litigation on Parts of Furniture

In Container Store v. United States, Court No. 05-00385, we successfully challenged CBP’s erroneous classification of the Container Store’s modular elfa® brand shelving and drawer system components before the U.S. Court of International Trade. The specific items at issue (called a top track and hanging standard) formed the backbone of the elfa® modular shelving system. CBP had erroneously classified the merchandise at issue under Heading 8302, HTSUS, as base metal mountings and fittings, dutiable at 3.2% ad valorem. The CIT properly reclassified the merchandise as parts of furniture under Heading 9403, HTSUS, free of duty.

The full decision can be found by clicking here.

   

New Consumer Product Safety Information Database To Post Consumer Complaints

Commencing in March 2011, the Consumer Product Safety Commission ("CPSC") will provide the public with access to product hazard information via a new database. The database will give consumers a forum to post complaints regarding products as well as provide the public with advance notice of potentially dangerous products as reported by consumers. Currently, only published product recall information has been available to the public and searchable on the CPSC website. This new database is significant in that businesses will now have to be diligent in monitoring these posts and timely responding to potentially false or misleading information.

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GDLSK Litigates the Classification of Body Supporting Garments

We were recently on trial in the U.S. Court of International Trade challenging U.S. Customs’ classification of a women’s garment known as a shelf bra cami or bra top camisole. The plaintiffs in these cases are Victoria’s Secret Direct (“VSD”) and New York & Company (“NY & Co.”). The garments at issue have a tank top or camisole silhouette and contain a built in brassiere. Customs classified these garments as sportswear under various tariff provisions with duty rates ranging from 16.5% ad valorem to 28.2 % ad valorem, depending upon the fiber content of the garment. We believe that the garments are properly classifiable as body-supporting garments and dutiable at the rate of 6.6% ad valorem.

The judge is expected to issue his decision sometime in 2012 and an appeal is expected. Companies importing similar items, who are interested in protecting their rights to potential duty refunds, or in obtaining refunds on past importations, should contact us.

   

ALERT: Reminder on Iran Import/Export Sanctions

Reminder on Iran Import/Export Sanctions

The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (“CISDA”) imposes a number of new restrictions on transactions involving Iran. While the Act primarily impacts banks and financial institutions, and further restricts transactions associated with Iran’s petroleum industry and elements of Iran’s military, it also bans imports of products from Iran which were previously authorized under regulations of the Office of Foreign Asset Controls (OFAC).

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Prepare for the April 2012 Customs House Broker License Exam Online!

Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, one of the nation’s leading law firms specializing in Customs law, is offering a course in preparation for the April 2012 Custom House Broker License Exam. The Firm has held highly successful Broker’s License exam courses in Boston, Los Angeles, and New York. This course also provides an excellent overview of customs law and compliance for importers not intending to take the broker's exam.

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