Trade Court Questions Common Duty Reduction Maneuver

Law360 (March 1, 2021, 8:48 PM EST) -- The U.S. Court of International Trade denied a cookware importer's tariff challenge on Monday, calling into question a common practice used by many companies to soften their tariff blow when importing from China.

CIT Senior Judge Thomas J. Aquilino said Meyer Corp. could not use the so-called first sale rule to get a lower duty on 125 imported cookware sets. While much of the opinion focused on a fact-specific analysis of Meyer's financial records, the judge concluded his opinion by suggesting that the rule should not be used for transactions originating in China or other non-market economies.

"As a result of...

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