Anti-Dumping Duty Victory for Vietnamese Fish Fillet Exporters

As attorneys for the Vietnam Association of Seafood Exporters and Processors (VASEP), GDLSK has scored another victory in the antidumping case on fish fillets from Vietnam.

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ITC Requesting Comments on Duty-Free Entry of Festive Articles

Potential duty-savings opportunity for importers of holiday (or other celebratory) themed merchandise - ITC accepting comments on proposed changes to duty-free festive articles tariff provisions.

In our letter of July 23, 2010, we advised of a request by U.S. Customs and Border Protection (“Customs”) that the U.S. International Trade Commission (“ITC”) commence an investigation which may result in a broadening of the class of merchandise that will qualify for duty-free treatment as “festive articles” (within Heading 95051 or elsewhere in the HTS).

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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.


CPSC Alert - Certificate Of Conformity Required For Certain Adult Products As Of January 26, 2011


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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.


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