Accumulation of production costs from non-originating intermediate goods is allowed under USMCA for regional value content calculations, just like it was under NAFTA, CBP said. In a recently released ruling requested by Daimler Trucks North America (DTNA), CBP found the commercial vehicle manufacturer can add a tier two supplier’s costs of processing within USMCA territory to the USMCA costs of its tier one water pump supplier, even though the tier two costs were not sufficient to result in an originating material.
The Commerce Department acted arbitrarily when it denied a retroactive extension to a filing deadline missed by a lawyer suffering from medical issues. a move that would eventually lead to the revocation of an antidumping duty order that had been in place for decades, a domestic producer said in challenging the revocation in a brief filed June 17.
The U.S. Court of Appeals for the Federal Circuit on June 15 affirmed without opinion a lower court ruling that found women’s trousers made of a yarn extruded from a slurry that contained zinc nanoparticles are not classifiable in the tariff schedule as if they were made from metallized yarn. The appeals court’s Rule 36 judgment follows oral argument held Oct. 10 in the case, appealed by Lockhart Textiles. The decision is non-precedential, and contains no explanation.
Cabinets with moveable shelves installed after importation meet the criteria of a scope exclusion for medicine cabinets from the antidumping and countervailing duty orders on wooden cabinets and vanities from China (A-570-106/C-570-107), including that they are assembled at the time of entry, and are not subject to AD/CV duties, the Commerce Department said in a June 11 scope ruling.
Importers must file protests to preserve their ability to obtain refunds under exclusions from Section 301 tariffs, the Court of International Trade said in a June 11 decision. Dismissing a lawsuit from importers ARP Materials and Harrison Steel Castings, Judge Miller Baker found the court did not have jurisdiction to hear their challenge since the importers did not timely file protests of the CBP liquidations assessing the Section 301 duties.
Antidumping duty China-wide rates can still be based on adverse facts available (AFA) even if no members of the countrywide entity were found to be uncooperative in an administrative review, the U.S. Court of Appeals for the Federal Circuit said in a June 10 decision reversing a decision to the contrary from the Court of International Trade.
A pasta maker found ineligible for an acquired company’s antidumping duty exemption in a 2014 changed circumstances review cannot use that predecessor’s antidumping and countervailing duty rates for entries before the effective date of the final results of that review, CBP said in a recent ruling. Instead, the pasta maker must file at the all others rate for entries before the changed circumstances review took effect, CBP said in HQ H287183, issued March 26 and posted to CBP’s CROSS database June 3.
Domestic manufacturers and producers of a wide range of goods covered by antidumping duty orders filed motions for judgment May 24 seeking court orders that CBP distribute delinquency interest that they say should be paid to affected domestic producers under the Continued Dumping and Subsidy Offset Act of 2000.
Self-drilling anchor bolt system (SDABS) couplers imported by Midwest Diversified Technologies (MDT) are likely not subject to antidumping and countervailing duties on forged steel fittings from China (A-570-067/C-570-068), the Commerce Department said in a preliminary scope ruling issued May 17. While the scope of the order says it covers all fittings, it also indicates that low-pressure fittings are exempt, and MDT’s fittings, intended to connect hollow bars, are not able to convey liquids and gases at high pressure, Commerce said.
A flooring system for pig farrowing made of a galvanized steel tribar truss floor is subject to antidumping and countervailing duties on steel grating from China (A-570-947/C-570-948), even when the flooring is imported as part of a pig farrowing crate system, the Commerce Department said in a scope ruling issued May 14.