The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department violated the law when it initiated an antidumping and countervailing duty investigation into quartz surface products from India since it didn't have the requisite industry support, importer M S International told the U.S. Court of Appeals for the Federal Circuit in its Dec. 20 opening brief. Urging the appellate court to overturn a Court of International Trade decision that found that Commerce legally interpreted what constitutes a "producer" of QSPs, MSI argued that Commerce erred by excluding fabricators from the industry support calculation (Pokarna Engineered Stone Limited v. U.S., Fed. Cir. #22-1077).
The Court of International Trade reassigned five customs cases brought by Continental Automotive Systems from Judge Timothy Stanceu to Judge Jane Restani, in a Dec. 28 order signed by Judge Mark Barnett. Originally filed in 2017 and 2018, the cases concern the proper Harmonized Tariff Schedule classification of Continental's probe element of nitric oxide sensors -- a mass-produced element of NOx sensors, designed for use in consumer passenger vehicles and trucks. Four of the five were placed under a test case. The Department of Justice filed its cross motion for summary judgment Dec. 22 (Continental Automotive Systems v. U.S., CIT #18-00026). The order didn't give a reason for the reassignment.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Importer Gogo International evaded antidumping duties on diamond sawblades and parts from China, CBP found in its Enforce and Protect Act investigation determination. CBP determined that substantial evidence existed revealing that Gogo was transshipping the sawblades through Canada, primarily because Gogo and one of its affiliates did not submit any evidence contradicting this claim.
The Customs Rulings Online Search System (CROSS) was updated Dec. 23 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):
The Commerce Department wants another shot at considering 15 denied requests for exclusions from the Section 232 steel and aluminum tariffs, it said in a Dec. 23 partial voluntary remand request at the Court of International Trade. Commerce's offer of reconsideration would cover only 15 of plaintiff NLMK Pennsylvania's 54 denied exclusion requests. Commerce's brief stated that counsel for NLMK did not indicate support for or opposition to the motion yet, but would oppose the agency's 150-day timeline for reconsidering the 15 exclusion requests (NLMK Pennsylvania v. U.S., CIT #21-00507).
The Commerce Department failed to justify its reliance on a third-country company's financial statements for calculating constructed value in an antidumping duty review despite a U.S. Court of Appeals for the Federal Circuit opinion that called that reliance into question, the Court of International Trade said. Remanding Commerce's finding for the third time in a Dec. 22 opinion, Judge Mark Barnett said that Commerce did not adequately distinguish the review from a case in which the company's financial statements were found to be unsuitable since there was evidence of a subsidy.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Importer TR International Trading Company's imports of citric acid anhydrous is not subject to the antidumping and countervailing duty orders on citric acid from China, and CBP was wrong to liquidate the entries as such, TRI said in a Dec. 22 complaint at the Court of International Trade. Seeking to get the court to rule against CBP's decision to liquidate its entries as being from China and not from India, TRI also blasted a Customs Laboratory's role in the process (TR International Trading Company v. United States, CIT #19-00217).