ANNOUNCED AS TEMPORARYNo
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.
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