Screws Are Defined By Their Anchor, Gov't Tells Fed. Circ.

Law360, New York (September 5, 2017, 6:04 PM EDT) -- A U.S. Court of International Trade judge mistakenly halved a Canadian fastener company’s import tariffs because it didn’t focus on what the screws anchor into to define them, the federal government told a Federal Circuit panel in oral arguments on Tuesday.

A U.S. Department of Justice attorney argued that GRK Canada Ltd. must face a 12.5 percent ad valorem duty rate instead of the 6.2 percent rate it won at the lower court after a previous appeal to the Federal Circuit, because U.S. Customs and Border Protection properly deemed the screws to be “other wood screws” instead of “self-tapping screws” subject...

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