IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: No inception date

Import tariff

An August 24, 2016 decision by the Court of Appeals for the Federal Circuit (CAFC) in Otter Products LLC v. U.S. upheld a decision by the Court of International Trade (CIT) that two models of cases used to protect smartphones are properly classified as other articles of plastics and other materials (HTSUS 3926.90.9980). As such, they are subject to a 5.3% duty. U.S. Customs and Border Protection had classified the cases under HTSUS 4202.99.9000, making them subject to a 20% duty. The CAFC decision, like the CIT decision before it, does not yet represent a final disposition to the case. Firms that have imported these goods may nonetheless file protests in order to preserve their rights to potential duty refunds. Canada, China, Germany, Japan, and Mexico are the principal suppliers of this product.

AFFECTED COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

282 Wearing apparel, except fur apparel
3926 Other articles of plastics and articles of other materials of headings 39.01 to 39.14.
392620 Articles of apparel and clothing accessories (including gloves, mittens and mitts)
292 Luggage & handbags; saddlery & harness; other leather articles
4202 Trunks, suitcases, vanitycases, executivecases, briefcases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; travellingbags, insulated food or beverages bags, toile
420211 With outer surface of leather or of composition leather
420212 With outer surface of plastics or of textile materials
420219 Other
420221 With outer surface of leather or of composition leather
420222 With outer surface of plastic sheeting or of textile materials
420229 Other
420231 With outer surface of leather or of composition leather
420232 With outer surface of plastic sheeting or of textile materials
420239 Other
420291 With outer surface of leather or of composition leather
420292 With outer surface of plastic sheeting or of textile materials
420299 Other
369 Other plastics products
3926 Other articles of plastics and articles of other materials of headings 39.01 to 39.14.
392610 Office or school supplies
392630 Fittings for furniture, coachwork or the like
392640 Statuettes and other ornamental articles
392690 Other

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