Justia U.S. Federal Circuit Court of Appeals Opinion Summaries

Newbridge, headquartered in Newbridge, Ireland, designs, manufactures and sells housewares and silverware around the world under the mark NEWBRIDGE HOME. Newbridge designs its products in Newbridge, Ireland, and manufactures someof its products there. In the U.S. its products are available for sale through its website and through retail outlets that feature products from Ireland. The NEWBRIDGE HOME mark is the subject of an International Registration, which was filed through the International Bureau of the World Intellectual Property Organization. Newbridge sought protection of the mark pursuant to the Madrid Agreement and Madrid Protocol, under which the U.S. Patent and Trademark Office (PTO) examines international registrations for compliance with U.S. law, 15 U.S.C. 1141. Newbridge disclaimed the word HOME apart from the mark as a whole in the application. It sought registration for listed items of silverware, jewelry, desk items and kitchenware. The Trademark Examiner refused to register the mark as being primarily geographically descriptive. The Trademark Trial and Appeal Board affirmed. The Federal Circuit reversed. The evidence as a whole suggests that Newbridge, Ireland, is not generally known; to the relevant public the mark NEWBRIDGE is not primarily geographically descriptive of the goods, which is what matters. View "In re: Newbridge Cutlery Co." on Justia Law

The Thai government provides BCR program rebates to domestic manufacturers who produce and export products made from raw materials imported by domestic suppliers. TPBI manufactures polyethylene retail carrier bags in Thailand and exports them to the U.S. TPBI obtains resin from Thai domestic suppliers, who import raw materials for producing resin and pay associated import duties. To account for those duties, TPBI pays a fee to resin suppliers in exchange for certificates, which are provided to the Thai government upon export of finished products, in exchange for BCR rebates. The Department of Commerce determined that the bags were being sold in the U.S. at less than fair value and issued an antidumping duty order. Years later, Commerce conducted administrative review of that order. TPBI argued that the BCR program provided compensation for the fees paid to its suppliers and that BCR revenue should be subsumed into production costs. Commerce determined that the BCR program related to export sales rather than production costs, and declined to adjust TPBI’s cost of production. Commerce noted that BCR revenues are “somewhat analogous” to duty drawbacks, where an adjustment to the U.S. price of the product would correct for an imbalance resulting from import duties that are factored into home market prices but either rebated or not collected for exported products, but that TPBI had not claimed BCR revenue as a duty drawback. Commerce determined the antidumping margin without an offset in TPBI’s cost of production. The Court of International Trade and Federal Circuit affirmed, finding that BCR revenue was export-conditional, not relevant to the cost of production. View "Thai Plastic Bags Indus. Co., Ltd. v. United States" on Justia Law

Belimo imports devices consisting of an electric motor, gears, and circuit boards, used in HVAC systems. HVAC system sensors detect and send ambient temperature to a central controller, which compares that to a user’s desired temperature. In a traditional system, the controller sends a signal to electric motors that adjust the angle of a damper blade to let in more or less hot or cold air. If a disturbance such as a strong draft moves the blade, it may become stuck in the incorrect position. Belimo’s products incorporate a programmed Application Specific Integrated Circuit (ASIC) to continuously, independently monitor blade position and maintain it at the correct angle without controller input. ASIC can adapt to receive an AC or DC controller signal, filter out unintended signals, and use stored energy to prevent the motor spinning out of control in power failures. U.S. Customs and Border Protection liquidated the imports under the Harmonized Tariff Schedule (HTSUS) 8501.10.40 as electric motors. The Eighth Circuit affirmed, agreeing with the Court of International Trade in rejecting a claim that the products should have been classified as “automatic regulating and controlling instruments and apparatus; parts and accessories thereof” under HTSUS 9032.89.60. The devices do not automatically measure the actual value of the temperature or any variable of air, as required by that classification. View "Belimo Automation, A.G. v. United States" on Justia Law

Between July 30, 2003, and August 31, 2003, Sunline imported eight entries of freshwater crawfish tailmeat from Chinese producer Hubei, which were subject to a U.S. Department of Commerce antidumping duty order covering freshwater crawfish tailmeat from China. The Hubei Entries were entered following approval by Customs of eight single-entry bonds that covered the estimated antidumping duties and designated Hartford as surety. The Hubei Entries were made during the pendency of Hubei’s “new shipper review.” After Hubei’s new shipper review was rescinded, meaning Hubei did not qualify for an individual antidumping duty rate, Customs liquidated the Entries at the 223.01% country-wide rate. After Sunline failed to pay, Customs demanded payment from Hartford, which filed a complaint at the Court of International Trade, seeking to void its obligations under the bonds because Customs had been investigating Sunline for possible import law violations during the period in which the bonds were secured and did not inform Hartford of the investigation. The Trade Court dismissed. The Federal Circuit affirmed. Hartford did not allege any facts that establish a connection between the investigation and Sunline’s failure to pay its antidumping duties after liquidation. View "Hartford Fire Ins. Co. v. United States" on Justia Law

The U.S. Department of Commerce published an antidumping duty order on wooden bedroom furniture from China. AFMC requested an administrative review of certain companies exporting such furniture to the U.S. in 2009. After Commerce selected it as the mandatory respondent, Huafeng provided Commerce with data related to its 2008 purchases of wood inputs from market economy suppliers relevant to the subject merchandise. Commerce assigned Huafeng a dumping margin of 41.75% using 2009 import data from the Philippines (surrogate values), a market economy, to value the wood inputs as the “best available information” under 19 U.S.C. 1677b(c)(1) because they were contemporaneous with the Period of Review, and the purchases identified by Huafeng were not. After remand Commerce again relied on the surrogate values. On second remand, Commerce determined that it did not need to reopen the record because the “best available information” analysis focuses on the purchase of inputs, not consumption, verified that the market economy purchases were actually from market economy suppliers, and assigned a new dumping margin of 11.79%. The Court of International Trade judgment sustained that valuation. The Federal Circuit reversed, directing direct the Trade Court to reinstate the valuation in the First Redetermination. View "Home Meridian Int'l, Inc. v. United States" on Justia Law

Roche imported BetaTab, a mixture containing beta-carotene, antioxidants, gelatin, sucrose, and corn starch that can be used as a source of Vitamin A in foods, beverages, and vitamin products. Beta-carotene crystalline makes up 20 percent of the mixture and is an organic colorant with provitamin A activity. Whether used as a colorant or provitamin A, beta-carotene must first be combined with other ingredients. Customs classified BetaTab under the Harmonized Tariff Schedule of the United States (HTSUS) subheading 2106.90.97 as “[f]ood preparations not elsewhere specified or included” and denied a protest. In the Court of International Trade,Roche argued that BetaTab was classifiable either as a “coloring matter” under HTSUS subheading 3204.19.35, and eligible for duty-free entry pursuant to the Pharmaceutical Appendix, or, alternatively, as a provitamin under HTSUS heading 2936. The Court ruled in favor of the company, reclassifying the product under HTSUS 2936. The Federal Circuit affirmed. Roche’s manufacturing process did not change BetaTab’s functionality as a provitamin or change the character of beta-carotene as a source of provitamin A. Addition of the stabilizing ingredients did not exclude the merchandise from classification under heading 2936. View "Roche Vitamins, Inc. v. United States" on Justia Law

Alcan imported Flexalcon, an aluminum-plastic laminate foil for food packaging with stringent shelf-life requirements, such as for the military’s Meals Ready to Eat. Flexalcon is a four-layer material for the base of a package and a three-layer material for the lid. Each configuration has a thin layer of aluminum foil between layers of plastic. Aluminum prevents penetration of light, water vapor, oxygen, and other contaminants that would degrade food contents. The plastic gives the packaging tensile strength and increases heat resistance to withstand sterilization and sealing; it prevents cracking and piercing. Alcan listed the material as classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) subheading 7607.20.50, which carries no duty rate and covers “[a]luminum foil (whether or not printed, or backed with paper, paperboard, plastics or similar backing materials) of a thickness (excluding any backing) not exceeding 0.2 mm: Backed: Other.” Customs reclassified the Flexalcon under subheading 3921.90.40, with a 4.2% duty rate, covering “[o]ther plates, sheets, film, foil and strip, of plastics: Other: Flexible.” Alcan unsuccessfully protested under 19 U.S.C. 1514–1515. The Court of International Trade upheld the classification. The Federal Circuit affirmed, reasoning that the competing aluminum-foil heading defers to the applicable plastics heading. View "Alcan Food Packaging v. United States" on Justia Law

Dependable imports packing, janitorial, floral, office supplies, and some glass items. In 2010, Dependable imported, from China, items invoiced as “Generic Bud Vases” valued at $0.30 or less and larger “Generic Trumpet Vases,” valued at no more than $3.00. Dependable sells the vases to flower-packing houses that fill them with flowers for shipment to supermarkets or similar retailers, where the vase and flower combinations are sold as a single unit. Dependable classified the vases under the Harmonized Tariff Schedule 7018.90.50. At liquidation, U.S. Customs and Border Protection applied Heading 7013, which provides for “Glassware of a kind used for . . . indoor decoration.” Dependable protested but after a deemed denial and paying assessed duties, argued to the Court of International Trade that both vases should be classified under Heading 7010, which includes “containers, of glass, of a kind used for the conveyance or packing of goods ... Carboys, bottles, flasks, jars, pots, vials, ampules and other containers, of glass ... for the conveyance or packing of goods; preserving jars of glass; stoppers, lids and other closures, of glass." The court stated that “a reasonable jury could only conclude that the vases here are commercially fungible with other inexpensive clear glass vases whose principal use is decorative, rather than with glass packing containers” and granted summary judgment in favor of the government. The Federal Circuit affirmed.View "Dependable Packaging Solutions, Inc. v. United States" on Justia Law

Between October 2007 and August 2008, R.T. foods made 24 entries of “Tempura Vegetables” and “Vegetable Bird’s Nests” (frozen tempura-battered vegetable mixtures) from Thailand, 10 through the port of Boston and 14 through the port of Long Beach. United States Customs and Border Protection classified the 10 Boston entries and three of the Long Beach entries under the Harmonized Tariff Schedule of the United States (HTSUS) subheading 2004.90.85, which carries a duty rate of 11.2%. The remaining 11 entries into Long Beach were liquidated under R.T.’s proposed subheading, HTSUS 2106.90.99, which carries a duty-free preference for products from Thailand. HTSUS 2004.90.85 covers “Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006: Other vegetables and mixtures of vegetables: Other: Other, including mixtures.” HTSUS 2106.90.99 provides for “Food preparations not elsewhere specified or included: Other: Other: Other: Frozen.” R.T. timely filed and Customs denied protests. The Court of International Trade held it only had jurisdiction over three of the entries, then entered summary judgment in favor of the government. The Federal Circuit affirmed.View "R.T. Foods, Inc. v. United States" on Justia Law

In 2009, Chemsol made six entries of citric acid, purportedly from the Dominican Republic, and in 2009-2010, MCI made 13 entries of citric acid, purportedly from India; both claimed duty-free status for the entries and did not deposit any duties. U.S. Immigration and Customs Enforcement and Customs and Border Protection initiated an investigation to determine whether Chinese citric acid was being transshipped through other countries to evade antidumping and countervailing duties applicable to citric acid imported from China. Customs extended the deadline for liquidation of the entries under 19 U.S.C. 1504(b) and notified Chemsol and MCI of the extensions. In response, the companies sought a declaration that the extensions were unlawful and that the entries were deemed liquidated. They asserted that the Court of International Trade had jurisdiction under 28 U.S.C. 1581(i). The government argued that they were first required to challenge the extensions before Customs by post-liquidation protest, after which they could seek judicial review of any protest denial under 19 U.S.C. 1515, the Tariff Act’s “review of protests” provision. The court agreed, stating that “since the commencement of this action, ICE has completed its investigation and, but for .. suit, Customs could complete its administrative process and liquidate … remaining entries.” The Federal Circuit affirmed dismissal.View "Chemsol, LLC v. United States" on Justia Law