United States Court of Appeals for the Federal Circuit
October 26, 1999
AMERICAN BAYRIDGE CORPORATION, PLAINTIFF-APPELLANT,
UNITED STATES, DEFENDANT-APPELLEE.
Before Plager, Schall, and Gajarsa, Circuit Judges.
The opinion of the court was delivered by: Plager, Circuit Judge
NOTE: Pursuant to Fed. Cir. R. 47.6, this Disposition is not citable as precedent. It is a public record. The Disposition will appear in tables published periodically.
American Bayridge Corp. ("American Bayridge") appeals from a decision of the Court of International Trade, 35 F. Supp. 2d 922 (Ct. Int'l Trade 1999), regarding the classification of predrilled wooden studs. We vacate the Court of International Trade's classification decision and dismiss the appeal.
American Bayridge is a Canadian lumber exporter. The U.S. Customs Agency ("Customs") originally classified predrilled wooden studs *fn1 under heading 4418 of the Harmonized Tariff Schedule of the United States ("HTSUS"). Subsequently, following its established procedures, Customs issued a ruling reclassifying predrilled studs under heading 4407, HTSUS. American Bayridge objected to the reclassification. It also objected to Customs' failure to delay the effective date of the reclassification for 60 days, as required under 19 U.S.C. § 1625(c) (1994).
Pursuant to an agreement with the Government and still within the 60-day period, American Bayridge imported a test shipment of predrilled studs, and Customs liquidated the shipment under heading 4407, HTSUS. After expedited proceedings before Customs, American Bayridge appealed the classification and liquidation of the shipment to the Court of International Trade.
In its decision, the Court of International Trade held that: (1) 19 U.S.C. § 1625(c) required Customs to delay applying its reclassification ruling for 60 days ("§ 1625(c) holding"); and (2) the predrilled studs were appropriately classified under heading 4407, HTSUS ("classification holding"). The consequence of the § 1625(c) holding was that Customs was required to reliquidate the test shipment under heading 4418, HTSUS. American Bayridge appealed only the classification holding to this court. The Government did not appeal or cross-appeal the § 1625(c) holding, and thus that holding is final.
As requested by American Bayridge, its test shipment was reliquidated under heading 4418, HTSUS, based on the § 1625(c) holding. The effect of this was to reclassify the shipment to the classification American Bayridge sought. American Bayridge has therefore received all the relief that it is entitled to receive.
Once the Court of International Trade decided the § 1625(c) issue in American Bayridge's favor and that decision became final, the classification issue was rendered moot. We therefore vacate that portion of the Court of International Trade's judgment that relates to the classification of predrilled studs. See Electrical Fittings Corp. v. Thomas & Betts Co., 307 U.S. 241 (1939). *fn2
Since the classification issue, the only issue before this court, is moot, the appeal must be and is dismissed.