Rulings, remedies and court proceedings for customs and trade professionals

Biography for Ben Perkins

Ben Perkins, Assistant Editor, is a reporter with International Trade Today and its sister publications, Trade Law Daily and Export Compliance Daily, where he covers sanctions, court rulings, and other international trade issues. He previously worked as a trade analyst for a Washington D.C. advisory firm. Ben holds a B.A. in English from the University of New Hampshire and an M.A. in International Relations from American University. Ben joined the staff of Warren Communications News in 2022.

Recent Articles by Ben Perkins

Commerce made errors in its calculations, choice of data, and use of adverse facts available during the eighth administrative review of the antidumping duty order on crystalline silicon photovoltaic cells from China, according to four separate motions for judgment filed at the Court of International Trade. The case combined several complaints all challenging aspects of Commerce’s final determination (see 2208300012) (Jinko Solar Import and Export Co. v. U.S., CIT # 22-00219).Read More >>

CBP can confer classification "treatment" on a good through consistent decisions at a single port, the Court of International Trade ruled March 24. Finding importer Kent International's imported child safety seats for bicycles should be classified as seats rather than bicycle parts, Judge Leo Gordon agreed with Kent that the Port of New York/Newark's consistent classification of them as seats constituted treatment on a "national basis" because the standard does not require treatment to have been applied at multiple ports, only that CBP not take inconsistent actions over a two-year period.Read More >>

Commerce illegally departed from its standard methodology when it decided to use third-country control number (CONNUM) costs in the final results of an antidumping duty review on lined paper products from India and then attempted to obscure its standard practice as a defense in court, Navneet said in a March 17 reply at the Court of International Trade. The court should remand the case to Commerce with instructions to recalculate Navneet’s 20.22% dumping margin, the brief said (Navneet Education v. U.S., CIT # 22-00132).Read More >>

Two separate motions for summary judgment in a case involving allegedly defective plywood were shot down by Court of International Trade Judge Jennifer Choe-Groves in a March 20 opinion. Choe-Groves found that Bral had not sufficiently made a case under the customs regulations that all its imported plywood was defective and should have been appraised at a lower value, but neither had DOJ proven otherwise.Read More >>

Minority ownership by government-controlled entities does not change the presumption of government control, Court of International Trade Judge Jennifer Choe-Groves ruled in a March 20 opinion. The opinion upheld the Commerce Department's use of the China-wide rate for Pirelli Tyre on remand, with Choe-Groves holding that Pirelli failed to rebut the presumption in an antidumping duty administrative review of certain passenger vehicle and light truck tires from China.Read More >>