GRK Canada, Ltd. v. United States, No. 16-2623 (Fed. Cir. 2018)
Annotate this CaseGRK imported into the U.S. three types of screw fasteners, used to mate dissimilar materials and made with corrosion-resistant, case-hardened steel. Customs classified the screws as “other wood screws” under subheading 7318.12.00 of the Harmonized Tariff Schedule of the United States (HTSUS), subject to an import duty of 12.5%. GRK claimed that the screws should be classified under subheading 7318.14.10 as “self-tapping screws,” with a 6.2% duty. The Court of International Trade granted GRK summary judgment. The Federal Circuit remanded, instructing the court to consider use in interpreting the HTSUS terms. On remand, the Trade Court ordered pretrial discovery limited to the issues of “intended use,” “principal use,” and “actual use” and found that the screws are “self-tapping screws” because they are capable of cutting a mating thread in non-fibrous materials, are made of case-hardened carbon steel or stainless steel, and meet minimal torsional strength requirements. The Federal Circuit affirmed the application of classification subheading 7318.14.10 for “self-tapping screws,” and summary judgment in favor of GRK.
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