If you are wondering what I am on about, please read this post from May of 2008. And, if you are sufficiently Nerdist to get the reference, it has nothing to do with Emil Blonsky.
|Credit: Marvel Comics|
|Credit: Marvel Comics|
The court’s analysis of whether, for tariff classification purposes, the M270 is a laser beam welding machine or machine tool and whether the P390 is a welding machine is not affected by the parties’ use of their respective, suggestive terms. Mere use of such terms does not, as a factual matter, impart the characteristics of a “welding” process or a machine tool that “works” metal. Thus, the use of those terms does not create a genuine dispute as to any fact material to the tariff classification of the subject merchandise.
Defendant also raises an objection to plaintiff’s proposed definition of the word “welding.” . . . However, the scope and meaning of this term as used in the article description of heading 8515 is a question of law and therefore does not give rise to a genuine issue of material fact.
The shelf bra is formed from two pieces of fabric (front and back) that are sewn together and that together extend around the entire upper, inner portion of the garment. The fabric immediately above the elastic band is gathered by the band. The top of the shelf bra is attached to the body of the garment only at the upper hem of the garment and is attached around the entire circumference of the upper hem.
the record fact that plaintiff identified the Bra Top in various communications as a “tank” or “tank top” is not an admission by plaintiff that the garment at issue is a “tank top” within the meaning of that term as used in the heading 6109 article description. The meaning of a tariff term is a question of law and, therefore, cannot be the subject of a factual admission by a party; instead, the court has the “independent responsibility to decide the legal issue of the proper meaning and scope of HTSUS . . .
Whenever a free entry or a reduced duty document, form, or statement required to be filed in connection with the entry is not filed at the time of the entry or within the period for which a bond was filed for its production, but failure to file it was not due to willful negligence or fraudulent intent, such document, form, or statement may be filed at any time prior to liquidation of the entry or, if the entry was liquidated, before the liquidation becomes final.The Court of International Trade held that this regulation does not help Ford because the more specific and subsequently passed NAFTA regulations require that the CO be filed with the claim. The Court of Appeals for the Federal Circuit has now had the opportunity to review that decision. The CAFC opinion is here.
In entering into the NAFTA, and as ratified and codified, neither the executive nor the legislative bodies nor any historical documentation we have found reflected an intent to remove the benefit of the pre-existing general regulatory provision of § 10.112. I have unearthed no hint of an intent to add this burden and rigor to trade with Canada and Mexico. The entirety of this history shows a contrary intent, to facilitate such trade.