The Commerce Department did not adhere to the Court of International Trade's orders when it excluded importer Star Pipe Products' 11 ductile iron flanges from the antidumping duty order on cast iron pipe fittings from China, U.S. producer ASC Engineered Solutions said in a Jan. 21 brief. The court did not instruct Commerce to exclude Star Pipe's flanges but rather to "conduct a more comprehensive review," which the agency failed to do. "Rather, the redetermination simply assumes, incorrectly, that a particular result had been directed by the Court," the brief said (Star Pipe Products v. United States, CIT #17-00236).
A&A Pharmachem evaded the antidumping duty order on xanthan gum from China, CBP said in a determination on evasion under the Enforce and Protect Act. CBP said that A&A Pharmachem transshipped its Chinese-origin xanthan gum imports into the U.S. through India without declaring that the entries were subject to the order. CBP initiated the EAPA investigation following an allegation from domestic xanthan gum producer CP Kelco, through Greenberg Traurig lawyer Matthew Kanna (see 2106070057).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The United States will not participate in the appeal over whether the law permits expedited countervailing duty reviews, the Department of Justice told the U.S. Court of Appeals for the Federal Circuit in a Jan. 19 letter. In the case, originally brought by the Committee Overseeing Action for Lumber International Trade Investigations or Negotiations, the Court of International Trade said that there was no legal authority for such reviews (see 2108190002). The decision was then appealed by the Canadian government, among other parties, which argued that the trade court improperly applied Chevron deference to the Commerce Department when it found that two different sections of the Uruguay Round Agreements Act didn't give Commerce the legal authority to carry out expedited reviews (see 2112280025) (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations, et al. v. U.S., Fed. Cir. #19-00122).
Just because Section 232 tariffs are placed in Chapter 99 of the Harmonized Tariff Schedule, this doesn't make them remedial tariffs, the Department of Justice told the U.S. Court of Appeals for the Federal Circuit in a Jan. 14 brief. The tariffs also aren't temporary, don't count as a double remedy and can be deducted from an antidumping duty respondent's export price, the brief said (Borusan Mannesman Boru Sanayi ve Ticaret v. U.S., Fed. Cir. #21-2097).
The Customs Rulings Online Search System (CROSS) was updated Jan. 18 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):
CBP released its Jan. 19 Customs Bulletin (Vol. 56, No. 2), which includes the following ruling action:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. Court of Appeals for the Federal Circuit dismissed an appeal from the Government of Argentina and Argentine biodiesel company LDC Argentina over the Commerce Department's changed circumstances review of countervailing duties on biodiesel from Argentina. The two had appealed a Court of International Trade decision affirming Commerce's determination that the situation had not changed regarding countervailable subsides from Argentina's biodiesel industry. The trade court also upheld Commerce's decision to originally find changed circumstances but later switch back to a finding of no changed circumstances (see 2109210046) (Government of Argentina v. United States, Fed. Cir. #22-1190).
Two importers asked the Court of International Trade to sustain remand results from the Commerce Department that found certain door thresholds qualify for the "finished merchandise" exclusion from antidumping and countervailing duty orders on aluminum extrusions from China. In a pair of briefs filed in two separate cases, Columbia Aluminum Products and Worldwide Door Components said Commerce correctly reversed course after CIT's remand (Worldwide Door Components v. United States, CIT #19-00012) (Columbia Aluminum Products v. United States, CIT # 19-00013).