Trade Updates for Week of November 8, 2017

United States Court of International Trade

 

Casings Classified as Other Made-Up Textiles

In Kalle USA, Inc. v. United States, Court No. 13-00003, Slip Op.17-149 (November 2, 2017), the Court denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment.  The classification issue was whether the G1 and G2 products – which are used for encasing raw sausage, scalded-emulsion sausage, ham and other processed meat, and cheese, should be classified as plastics under Heading 3917 or under textiles products under Heading 6307.  The casings are textile fabrics with coated plastic layers; thus the Court found that the G1 and G2 casings are textiles made from man-made viscose rayon and polyester fibers, which are coated with plastic.  The Court held under GR1 that the casings were more correctly classified under Heading 6307, because (1) they are textile and (2) they are made-up, due to the gluing process of the ends of the casings, pursuant to Heading 6307.  Moreover Note 1(h) of Section XI does not preclude the classification of this textile article under Chapter 63, as a textile-plastic composite.  For these reasons, the Court denied plaintiff’s motion and granted defendant’s cross motion.

 

Remand Results Affirmed

In Ajinomoto North America, Inc. v. United States, Court No. 14-351, Slip Op. 17-150, the Court previously granted plaintiff’s motion to the extent of remand to ITA for reconsideration of the issues of (1) the appropriate corn factor-of-production weight and (2) the calculation of an inland-freight surrogate value.  The defendant filed ITA’s Final Results of Redetermination Pursuant to Court Remand (Aug. 30, 2017), amending its analysis thereof and resulting dumping margin from 21.28 percent to 34.15 percent.  With no opposition to the remand results, and after the Court has reviewed the results, the Court affirmed the remand determination.