The Court of International Trade cannot set aside case law finding that subassemblies do not qualify for the finished merchandise exclusion in antidumping and countervailing duty order scope rulings, Judge Stephen Vaden said in a Dec. 6 opinion. Siding with the Commerce Department over plaintiffs China Customs Manufacturing and Greentec Engineering, the court said the plaintiffs' solar roof mountings fall within the scope of the AD/CVD orders on aluminum extrusion from China.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Department of Justice filed a motion, with the consent of the plaintiff -- palm oil importer Virtus Nutrition -- for an extension of time to reply to an amicus brief since the litigants are nearing a resolution of the case, DOJ said in the Dec. 3 filing. The case concerns a shipment of palm oil entered by Virtus that was excluded from entry by CBP over suspicions that the goods were made with forced labor. Virtus expects a sale and re-exportation of the palm oil following a U.S. Coast Guard inspection of the two-way hydrant system located at the port where the merchandise is being stored, the brief said. Once this inspection is completed, the goods will be on their way (Virtus Nutrition, LLC v. United States, CIT #21-00165).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Section 1581(i) Jurisdiction Stands in Liquidation Instruction Challenge, Solar Cell Importer Argues
The Department of Justice's motion to dismiss a challenge to the Commerce Department's liquidation instructions to CBP over MS Solar's solar panels is "nothing more than an effort to avoid judicial scrutiny of its arbitrary and unreasonable actions," MS Solar said in a Nov. 23 brief to the Court of International Trade. The solar panel importer urged the court to accept jurisdiction under the court's Section 1581(i) "residual" jurisdiction provision (MS Solar Investments, LLC v. United States, CIT #21-00303).
The European Court of Justice dismissed an appeal brought by Iranian company Fulmen that sought greater damage payments than had previously been awarded to it by the EU General Court. In a recent judgment, the ECJ said that the General Court was right to find that Fulmen hadn't established a sufficient link between its designation and the alleged damaged suffered, and that other reasons could explain the dip in its market shares. Further, the court said that the General Court sufficiently backed its reasons for determining the level of compensation that it did.
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 Dec. 1 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 must reconsider its use of an adverse inference in an antidumping review on Italian pasta since it failed to find out whether a respondent did not to cooperate to the best of its ability, the Court of International Trade said in a Nov. 30 opinion. However, the court upheld the remaining elements of the decision, including Commerce's use of facts available and the agency's rejection of the respondent's post-verification arguments for different classification systems for the pasta's protein content and shape.
Royal Brush Manufacturing, Inc. will appeal an October Court of International Trade opinion that upheld CBP's finding that it evaded antidumping duties on cased pencils from China, according to a Nov. 29 notice of appeal. The pencil importer will appeal the case to the U.S. Court of Appeals for the Federal Circuit. CIT originally remanded the case to CBP after finding that the customs agency did not provide adequate public summaries of business confidential information during the evasion investigation. Chief Judge Mark Barnett then upheld the evasion determination after finding that CBP cleared this hurdle and that the summaries did not violate Royal Brush's due process rights (see 2111010036) (Royal Brush Manufacturing, Inc. v. United States, CIT #19-00198).