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CAFC Affirms Otter Decision on Phone Covers

On August 24, 2016, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued an important opinion affirming the U.S. Court of International Trade’s (CIT) decision in Otter Products, LLC v. United States, 70 F.Supp. 3d 1281 (Ct. Int’l Trade 2015).  The CIT had held that two styles of smartphone covers were classifiable as other articles of plastic under subheading 3926.90.99, HTSUS, dutiable at 5.3%, and had rejected Customs’ claim that the covers were classifiable as “similar containers” under subheading 4202.99.90, HTSUS, dutiable at 20%.

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Frank J. Desiderio will speak at the Czech Fashion Law Association program held in Prague, Czech Republic on October 12, 2016

Frank J. Desiderio will speak at the Czech Fashion Law Association program held in Prague, Czech Republic on October 12, 2016.

His panel will consist of representatives from the Customs Administration of the Czech Republic and Czech Trade Consultants.

The topic will be “Exporting Fashion Products to the U.S.”

   

CBP Issues New Regulations on AD/CVD Evasion Investigations

U.S. Customs and Border Protection (“CBP”) has published “interim” regulations detailing a new framework and legal procedures for investigating potential evasion of antidumping (“AD”) and countervailing duty (“CVD”) liability. 

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Burma Set to Become Eligible under GSP

On September 14, 2016, President Obama issued Proclamation No. 9492 designating Burma (Myanmar) as a beneficiary developing country under the Generalized System of Preferences (GSP).

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CBP RULES THAT CERTAIN MOLDED PLASTIC HANGERS ARE REUSEABLE / ELIGIBLE FOR LOW DUTY HANGER TARIFF PROVISION

In a ruling published in the Customs Bulletin of August 17, 2016, CBP held that certain hangers made of plastic with an integral plastic top hook met the “clearly suitable for repetitive use” standard, such that they may be classified separately from their accompanying garments at the hanger rate of duty of 3% (under HTS 3923.90.00), rather than as ordinary apparel packing at the significantly higher garment rates of duty.

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