This morning, the Federal Circuit released two precedential opinions and one nonprecedential order. Both opinions come in an appeals of decisions of the Court of International Trade. The order dismisses an appeal. Here are the introductions to the opinions and a link to the dismissal.
Kaptan Demir Celik Edustrisi ve Ticaret A.S. v. United States (Precedential)
Rebar Trade Action Coalition and other domestic steel producers (collectively, “RTAC”) appeal the decision of the Court of International Trade (“CIT”), sustaining the final decision by the U.S. Department of Commerce (“Commerce”), which determined that the Turkish government’s subsidies to Nur, a shipbuilder and co-owned affiliate of Kaptan, should not be cross-attributed to Kaptan Demir Celik Endustrisi ve Ticaret A.S. (“Kaptan”). See Kaptan Demir Celik Endustrisi ve Ticaret A.S. v. United States, 666 F. Supp. 3d 1334 (Ct. Int’l Trade 2023) (“Kaptan II”).
Because Commerce’s final remand decision is in accordance with law, adequately explained, and supported by substantial evidence, we affirm.
Nutricia North America, Inc. v. United States (Precedential)
Nutricia North America, Inc. imported into the United States, from the United Kingdom, five products classified by the United States Food and Drug Administration (FDA) as “medical foods” under the Federal Food, Drug, and Cosmetics Act (FDCA). The United States Customs and Border Protection (Customs) classified the medical foods under chapter 21 (“Miscellaneous Edible Preparations”) of the Harmonized Tariff Schedule of the United States (HTSUS)—specifically, under subheading 2106.90.99, which applies a non-zero duty to “[f]ood preparations not elsewhere specified.” Nutricia protested, contending principally that its medical foods should instead be classified within HTSUS chapter 30 (“Pharmaceutical Products”) under heading 3004, which, as relevant here, applies a zero duty to “[m]edicaments . . . consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses . . . or in forms or packings for retail sale[.]” Nutricia also proposed another duty-free classification as a backup—chapter 98’s subheading 9817.00.96.
Customs rejected Nutricia’s positions, and Nutricia then filed an action in the Court of International Trade (CIT). The CIT granted summary judgment, adopting the Customs-adopted classification under chapter 21’s subheading 2106.90.99 and rejecting Nutricia’s two alternatives. Nutricia North America, Inc. v. United States, 666 F. Supp. 3d 1363 (Ct. Int’l Trade 2023) (CIT Decision). On Nutricia’s appeal, we now reverse, concluding that Nutricia’s “medical foods” properly come within chapter 30’s heading 3004 of the HTSUS, so we do not reach Nutricia’s backup proposal within chapter 98.