The Court of International Trade on June 17 (see 2406170037) -- in an opinion released publicly July 10 -- upheld a CBP finding that six companies didn’t evade antidumping and countervailing duties on aluminum extrusions from China by transshipping them through the Dominican Republic. Judge Richard Eaton explained that CBP had reasonably reinterpreted record evidence within the context of other information it had failed to consider previously.
CBP CROSS Rulings
CBP issues binding advance rulings in connection with the importation of merchandise into the United States. They issue the rulings to give the trade community transparency of how CBP will treat a prospective import or carrier transaction. Common rulings include the tariff classification, country of origin, or free trade agreement applicability of merchandise, among other things. These rulings are available in CBP's Customs Rulings Online Search System (CROSS) database.
CBP was right to reverse its finding that an aluminum extrusions exporter from the Dominican Republic had been transshipping from China, the Court of International Trade ruled in a public opinion released July 10. Judge Richard Eaton agreed that the agency had properly considered some overlooked evidence and recontextualized others -- conducting, as CBP had said, a “thorough and comprehensive” review of the previous determination “for the first time in this proceeding” (H&E Home v. U.S., CIT Consol. # 21-00337).
A hardwood plywood importer that won its 2022 case against an affirmative evasion finding is seeking payment of its court expenses and attorney’s fees from the U.S. government. The importer on July 8 said CBP’s investigation against it had never been supported by substantial evidence and was instead the result of “bad acts” and “various violations of federal regulations” by the government (Interglobal Forest v. U.S., CIT # 22-00240).
The Court of International Trade sustained CBP's finding that Dominican exporter Kingtom Aluminio didn't evade antidumping and countervailing duty orders on aluminum extrusions from China. In a June 13 decision made public July 8, Judge Richard Eaton said Kingtom responded to all U.S. requests for information during an Enforce and Protect Act investigation, precluding the use of adverse facts available. He also said the court can't ignore "the total lack of any record evidence of any imports by Kingtom into the Dominican Republic" of aluminum extrusions made in China.
Glock opposed July 3 a U.S. motion for judgment in the gunmaker’s favor (see 2406280025), calling it “a blatant attempt by the Government to evade this Court’s ruling on the merits of Glock’s claim” (Glock v. U.S., CIT # 23-00046).
The Commerce Department was right to consider the assembly of hardwood plywood in Vietnam “minor and insignificant” when it reached an affirmative circumvention ruling for 20 Vietnamese exporters, the U.S. said July 2 in response to importers’ and exporters’ multiple motions for judgment (see 2404020054) and 2402020054) (Shelter Forest International Acquisition v. U.S., CIT Consol. # 23-00144).
CBP rejected children’s product manufacturer Summer Infant’s claims that its Learn-to-Sit booster seats should be classified as traditional booster seats. As a result, the Learn-to-Sit booster seats are subject to Section 301 duties, according to a recent ruling released by CBP June 14.
Litigants in a pair of cases at the U.S. Court of Appeals for the Federal Circuit jumped on the U.S. Supreme Court's move last week to axe the principle of agency deference when interpreting ambiguous statutes (see 2406280051). In notices of supplemental authority, two importers told the appellate court that the Court of International Trade relied on the now-defunct Chevron deference standard.
The Customs Rulings Online Search System (CROSS) was updated June 17-27 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):
Importer Atlas Power opposed the government's motion to withdraw one of its admissions of fact in a customs case on the assessment of Section 301 tariffs on graphics processing units. The U.S. moved the Court of International Trade to withdraw its admission that the subject merchandise is made "of parts of or accessories to ADP machines classified under subheading 8473.30.1180 of the HTSUS." Atlas said that its goods entered under subheading 8473.30.1180 and CBP didn't "object to the classification during the administrative proceedings leading to this litigation" (Atlas Power v. United States, CIT # 23-00084).