CIT Upholds Negative Evasion Finding on Bedroom Furniture Importer
The Court of International Trade on Jan. 22 sustained CBP's decision on remand to find that importer Zinus didn't evade the antidumping duty order on wooden bedroom furniture from China. The agency made the decision after incorporating a scope ruling from the Commerce Department finding that seven models of metal and wood platform beds imported by Zinus aren't covered by the AD order (see 2501130011) (Zinus v. United States, CIT # 23-00272).
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CBP initially found that Zinus evaded the order, applying a previous scope ruling from Commerce on products from the University Loft Company. The agency found "the use of wood products in the beds to be extensive" in seven models of Zinus' products and the "wood products to be integral to the composition of the beds."
But following a scope referral, Commerce used the University Loft ruling to come to the opposite conclusion, finding that the "use of wood products was not extensive in the beds." The agency also said the wood components aren't integral to Zinus' "platform bed compositions to an extent that if the wood was removed, the resulting products would be substantially different from the original products."
On remand, CBP applied the scope ruling and reversed its evasion decision. In a joint status report to the trade court, the U.S. and Zinus said "no further litigation is necessary." Petitioner CVB didn't object to this position.