The U.S. Court of International Trade denied the government's motion for summary judgment in a case concerning the classification of various imported hand tools referred to as “locking plyers.” The trade court instructed the importer to indicate whether it intended to file a motion for summary judgment.
The trade court found that the government (U.S. Customs and Border Protection) had failed to show that undisputed facts support summary judgment in its favor. The court stated that it determined that the relevant tariff terms are defined in a manner that would suggest that the subject merchandise is classifiable within one of the HTSUS classifications put forward by the importer, but that the importer had neither moved for summary judgment nor filed a statement of material facts as to which there are no genuine issues to be tried.
The case is: Irwin Industrial Tool Co. v United States, Slip Op. 17-41 (CIT April 12, 2017). Read the trade court’s opinion [PDF 566 KB]
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