The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
DOJ in a Nov. 20 brief once again defended its right to use adverse facts available in calculating an Indian quartz surface product exporter's antidumping duty rate after that importer missed a filing deadline by several hours. It also stood by its all-others rate for other Indian quartz exporters against a domestic petitioner's challenge (Cambria Company v. U.S., CIT # 23-00007).
The Commerce Department improperly came to the conclusion that Indian exporter Balkrishna Industries didn't use, or benefit from, India's Advanced Authorization Scheme in the 2021 countervailing duty review on new pneumatic off-the-road tires from India, petitioner Titan Tire Corp. argued in a Nov. 28 complaint. Titan Tire said that Commerce based its finding on a "post hoc, incomplete, and cursory examination" conducted by the Indian government related to the program (Titan Tire Corp. v. United States, CIT # 23-00233).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The Court of International Trade should not grant improper Diamond Tools Technology's application for attorney fees under the Equal Access to Justice Act since the government's position in an Enforce and Protect Act investigation was "substantially justified" and the case presented a "matter of first impression and a novel issue," the U.S. argued in a Nov. 27 reply brief (Diamond Tools Technology v. United States, CIT # 20-00060).
A case challenging President Donald Trump's expansion of Section 232 steel and aluminum duties onto derivative products shouldn't be stayed pending the U.S. Supreme Court's review of the Chevron deference doctrine, the government told the high court in a Nov. 27 brief. Replying to exporter Oman Fasteners' petition for a writ of certiorari, DOJ said the case involving the review of Chevron, Loper Bright Enterprises v. Raimondo, will not affect the present dispute because Loper Bright doesn't involve "challenges to actions taken by the President" (Oman Fasteners v. U.S., Sup. Ct. # 23-432).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The current scope of ongoing antidumping and countervailing duty investigations on aluminum extrusions from 15 countries would impose heavy costs on U.S. manufacturers and consumers, and as written would make it nearly impossible for CBP to administer and importers to comply, said a bevy of large multinational corporations and trade associations in comments filed recently filed with the Commerce Department.