This morning, the Federal Circuit released one precedential opinion, one nonprecedential opinion, and five nonprecedential orders. The precedential opinion comes in an international trade dispute. The nonprecedential opinion comes in a veterans case. One of the nonprecedential orders grants a motion for summary affirmance, while two of the orders transfer cases. The remaining two orders are dismissals. Here are the introductions to the opinions and orders, plus links to the dismissals.
Shamrock Building Materials, Inc. v. United States (Precedential)
Shamrock Building Materials, Inc. imported into the United States from Mexico steel tubing having a thin
interior coating mainly composed of epoxy, melamine, and silicone additives. The United States Customs and Border Protection (Customs) classified the conduit under heading 7306 of the Harmonized Tariff Schedule of the United States (HTSUS), which covers “[o]ther tubes, pipes . . . of iron or nonalloy steel.” Shamrock protested, urging classification under heading 8547 of the HTSUS, which covers “[e]lectrical conduit tubing . . . of base metal lined with insulating material.” (Emphasis added.) Customs rejected the protests. Shamrock filed an action in the Court of International Trade (Trade Court), which granted
summary judgment to the United States, upholding the classification under heading 7306. Shamrock Building Materials, Inc. v. United States, 619 F. Supp. 3d 1337 (Ct. Int’l Trade 2023) (Shamrock). On Shamrock’s appeal, we now affirm.
Taylor v. McDonough (Nonprecedential)
Appellant Trevor Taylor appeals a decision from the United States Court of Appeals for Veterans Claims. Mr. Taylor seeks service connection for a right hip disability and a right testicular disability. Because
Mr. Taylor raises only factual issues that we cannot review, we dismiss this appeal for lack of jurisdiction.
Cassaday v. United States (Nonprecedential Order)
Kevin William Cassaday moves for leave to proceed in forma pauperis. ECF No. 7.1 The United States moves for summary affirmance. ECF No. 8. Mr. Cassaday has not responded to the government’s motion.
IT IS ORDERED THAT: (1) The United States’s motion is granted. The United States Court of Federal Claims’s decision is affirmed. (2) Each side shall bear its own costs.(3) All other pending motions are denied.
McDermott v. Merit Systems Protection Board (Nonprecedential Order)
In response to this court’s August 19, 2024 order to show cause, the Merit Systems Protection Board argues for transfer, and Lance McDermott responds asking this court to retain jurisdiction. This matter and all case filings are transferred to the United States District Court for the Western District of
Washington pursuant to 28 U.S.C. § 1631.
Smith v. Perkins (Nonprecedential Order)
Upon consideration of Samual Lee Smith, Jr.’s unopposed motion to transfer this civil rights case to the appropriate regional circuit, here the United States Court of Appeals for the Eleventh Circuit.
IT IS ORDERED THAT:
The motion is granted to the extent that this appeal and all case filings are transferred to the United States Court of Appeals for the Eleventh Circuit pursuant to 28 U.S.C. § 1631.