The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
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.
The Customs Rulings Online Search System (CROSS) was updated May 4 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
The Commerce Department improperly included further-processed auto parts and sales for export in its antidumping duty calculations in an administrative review on light-walled rectangular pipe and tube from Mexico, manufacturers Maquilacero and Tecnicas de Fluidos (TEFLU) argued in a May 3 complaint at the Court of International Trade. Maquilacero asked the court to remand Commerce's final results, in which Maquilacero/TEFLU was assigned a 9.2% AD margin, to the agency (Maquilacero v. U.S., CIT # 23-00091).
The Court of International Trade should overturn the Commerce Department's denials of Section 232 exclusion requests for tin mill products by Seneca Foods, because the denials ignored evidence against an objector's claim that it could provide domestic tin mill products to make up the shortfall, Seneca argued in a May 2 reply brief (Seneca Foods Corporation v. U.S., CIT # 22-00243).
The Customs Rulings Online Search System (CROSS) was updated May 2 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade on May 2 upheld a CBP evasion finding in an Enforce and Protect Act investigation, with Judge Jane Restani finding that the standard for initiation of an EAPA investigation is low and that the "voluminous evidence" provided by an initial allegation filed by M&B meets both the government’s and importer CEK Group's proposed standards of reasonable suggestion.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade should sustain the Commerce Department’s determination that the South Korean government did not subsidize Hyundai Steel by providing electricity for less than adequate remuneration (LTAR), the DOJ argued in an April 28 motion. The motion came in reply to requests for judgment filed by Hyundai Steel and consolidated-plaintiff Nucor, which contested separate aspects of the final results of a 2019 countervailing duty review on hot-rolled steel flat products from South Korea (Hyundai Steel v. United States, CIT # 22-00170).
The Office of the U.S. Trade Representative was within its discretion when it declined to reinstate a Section 301 tariff exclusion on water coolers even after the only opposing party withdrew its comments, the DOJ said in an April 28 response to DS Services of America's remand comments at the Court of International Trade (DS Services of America v. United States, CIT # 22-00157).