An Enforce and Protect Act finding of evasion against Blue Pipe Steel Center should not be decided on by the Court of International Trade while the underlying scope issue is still on appeal, argued the government in a Feb. 15 motion at the Court of International Trade. DOJ asked the court to deny a motion for judgment from Blue Pipe, or alternatively, defer its decision until after the U.S. Court of Appeals for the Federal Circuit resolves the scope issue (Blue Pipe Steel Center Co., Ltd. v. United States, CIT # 21-00081).
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 following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department correctly assigned an adverse facts available rate to a Vietnamese exporter for its failure to respond to a supplemental questionnaire, even though it had previously found the company was not under government control and granted it a separate rate, the Catfish Farmers of America, a defendant-intervenor, argued in its Feb. 10 response brief at the Court of International Trade (Green Farms Seafood Joint Stock Company v. United States, CIT # 22-00092).
The Customs Rulings Online Search System (CROSS) was updated Feb. 13 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 Commerce Department is apparently expanding a covered merchandise inquiry in an Enforce and Protect Act case into what is in effect an anti-circumvention inquiry, but can't use any prospective finding of circumvention to find an importer previously evaded duties in violation of the Enforce and Protect Act, plaintiffs Norca Industrial Co. and International Piping & Procurement Group (IPPG) argued in a Feb. 14 brief asking the Court of International Trade to reconsider its prior stay in the case (Norca Industrial Co. v. U.S., CIT # 21-00192).
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 dismiss a government counterclaim that its boronized steel tubes, originally classified by CBP as duty-free U.S. goods returned after repairs or alterations, are unfinished steel tubes subject to Section 301 tariffs, Maple Leaf Marketing argued in a Feb. 10 brief. The counterclaim runs against the principle of finality of liquidation, the importer said (Maple Leaf Marketing v. U.S., CIT # 20-03839).
Imports of seamless carbon and alloy steel standard, line and pressure pipe from Russia were not negligible, argued the ITC and defendant-intevenors U.S. Steel and Vallourec Star in two separate responses to a proposed remand order by Russian importer TMK (PAO TMK v. United States, CIT # 21-00532).
The Customs Rulings Online Search System (CROSS) was updated Feb. 13 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):