Fed. Circ. OKs Duty-Free Schlumberger Fracking Equipment

Law360, New York (January 9, 2017, 4:08 PM EST) -- The Federal Circuit on Monday ruled that imported particles used by Schlumberger Technology Corp. to aid its hydraulic fracturing efforts should get duty-free treatment, affirming an earlier decision that U.S. import authorities had misclassified the goods.

A three-judge panel unanimously upheld a 2015 ruling from U.S. Court of International Trade Chief Judge Timothy C. Stanceu, finding that U.S. Customs and Border Protection incorrectly deemed Schlumberger’s bauxite proppants to be “ceramic wares” that are subject to a 4 percent import tariff.

At the heart of the panel’s...
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