CBP is investigating Vivaldi Commercial and Vivaldi Interiors over allegations that the companies evaded antidumping and countervailing duty orders on quartz surface products from China, the agency said in a May 10 notice it recently posted. CBP began the investigation in response to allegations filed by Cambria Company, represented by Luke Meisner of Schagrin Associates.
Country of origin cases
The Court of International Trade upheld the Commerce Department's remand results reversing a scope ruling that included ready to assemble kitchen cabinets under the antidumping and countervailing duty orders on hardwood plywood products from China, in a May 27 opinion. Judge Gary Katzmann had originally remanded on the question of whether the scope request from petitioners in the case was specific enough to be accepted, and upon further examination Commerce found that it was not. None of the litigants challenged the remand redetermination.
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 erred in relying on "bypass" liquidations when evaluating the established classification treatment of bicycle seat imports, Kent International argued in a May 21 reply brief in the U.S. Court of Appeals for the Federal Circuit. When determining whether an established classification treatment exists, CBP can only consider liquidations in which a Customs officer has made a determination, it said. In this case, CBP incorrectly looked at bypass liquidations, which are processed automatically without review by a CBP officer, it said. The bike seat importer said in its appeal that the imported goods should be classified according to CBP's established treatment in subheading 9401, which would allow them to enter duty-free (Kent International, Inc., v. United States, Federal Circuit #21-1065).
The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:
CBP's failure to alert Fedmet Resources of an Enforce and Protect Act investigation or to publish public summaries in the proceeding violated the company's constitutional due process rights, Fedmet said in a May 21 complaint in the Court of International Trade.
The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:
The Customs Surety Coalition called foul on a CBP attempt to collect unpaid antidumping duties eight years after the relevant entries liquidated, saying the “devastating impact on the surety program is obvious,” in a May 20 amicus brief filed in the Court of International Trade. Stepping in to help defend Aegis Security Insurance Co., the coalition argued that if the court were to accept CBP's position, the statute of limitations on duty payments would be eliminated, allowing the agency to use the law to "absurd ends." CSC was joined by its four coalition members -- the International Trade Surety Association, the National Association of Surety Bond Producers, Inc., the Surety & Fidelity Association of American and the Customs Surety Association -- in its brief (United States v. Aegis Security Insurance Co., CIT #20-03628).
The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:
The Customs Rulings Online Search System (CROSS) was updated May 20 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):