The Court of International Trade will allow a customs broker test-taker to proceed with a challenge to his failing grade, denying a motion to dismiss from the government that argued his case didn’t meet procedural requirements. Byungmin Chae’s delay in appealing to the trade court was caused in part by CBP’s own misleading statements, and his early missteps in the case before hiring a lawyer should not bar him from a hearing in court, CIT said in a decision May 7.
Negative injury determinations that ended antidumping duty investigations on polyethylene terephthalate resin from Brazil, Indonesia, South Korea, Pakistan and Taiwan in 2018 will stand, after the Court of International Trade sustained a remand redetermination from the International Trade Commission that provided further explanation of the ITC’s decisions without any changes to the end result.
The Commerce Department recently issued two scope rulings that found wheels and wheel components purportedly imported for passenger vehicle use are not subject to antidumping and countervailing duties on steel wheels 12 to 16.5 inches in diameter from China (A-570-090/C-570-091). In scope rulings issued April 30 and May 3, the agency found that the wheels and wheel components are not intended for use on trailers.
The Court of International Trade on May 5 sustained a recalculation of an exporter’s antidumping duty rate set in a recent administrative review on solar cells from China. The trade court had in October remanded Commerce’s final results of the 2016-17 review to the agency, after finding Commerce improperly applied partial adverse facts available to the rate it assigned to Risen Energy based on the refusal of Risen’s unaffiliated suppliers to cooperate in the review. CIT said AFA rates must promote cooperation and accuracy, and Commerce didn’t explain how Risen’s AFA rate did so. On remand, Commerce switched to neutral facts available for the relevant portion of Risen’s rate calculation, but did so “under respectful protest.” The agency’s “decision not to use partial AFA to calculate Risen’s dumping margin is consistent with the directive … that accuracy must be the driving force behind a decision to draw an adverse inference,” CIT said.
The U.S. Court of Appeals for the Federal Circuit recently upheld a lower court decision that found the Commerce Department correctly applied adverse facts available to a Mexican exporter after it submitted corrected cost data without adequate information in an antidumping duty administrative review.
Diamond sawblades made by Protech in Canada from a core and segments each of Chinese and non-Chinese origin are not subject to antidumping duties on diamond sawblades from China (A-570-900), but some are covered by duties nonetheless due to Protech’s partial ineligibility for making the required certifications, the Commerce Department said in a scope ruling issued April 27.
A newly issued CBP ruling further clarifies how the agency determines country of origin for electric motors. After having recently found that the stator and the rotor are the “most essential components” of an electric motor and, under a substantial transformation analysis, determine the country of origin (see 2104210041), the agency on April 22 issued another ruling that considered motors where the rotor and stator were made in different countries, and found the stator assembly controlling.
Window wall kits imported by Reflection Window + Wall are not subject to antidumping and countervailing duties on aluminum extrusions from China (A-570-967/C-570-968), the Commerce Department said in a scope ruling issued April 26. The window wall kits qualify for the finished goods kit exemption, and are distinct from curtain wall units ineligible for exemptions from aluminum extrusions duties, Commerce said.
The Commerce Department essentially “committed fraud” against a Chinese shrimp exporter that had been revoked from an antidumping duty order but, because of Commerce’s own misspelling that the agency refuses to correct, found itself years later participating in an administrative review and being assigned an AD duty cash deposit rate, the exporter said in a brief filed April 26 at the Court of International Trade (Shantou Red Garden Food Processing Co., Ltd. et al v. U.S., CIT # 20-03947).
Chests of drawers imported by Mitchell Gold are covered by antidumping duties on wooden bedroom furniture from China (A-570-970), but separately imported metal bases and drawer pulls for those chests are not, the Commerce Department said in a scope ruling issued April 19.