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 released its mandate Oct. 22 for its decision backing the Commerce Department's rejection of data corrections submitted by an antidumping respondent. In August, the Federal Circuit reversed the Court of International Trade's decision, holding that the corrections were not "minor," meaning that Commerce was justified when it originally rejected the revisions and levied an adverse facts available AD duty rate on Goodluck India (see 2108310040). The case involved cold-drawn mechanical tubing from India (Goodluck India Limited v. United States, CIT #18-00162).
The Court of International Trade on Oct. 22 backed the Commerce Department's decision to pick Malaysia as the primary surrogate country in an antidumping duty review, despite using a Romanian company's financial statements to determine the surrogate financial ratios is backed by substantial evidence. Sustaining Commerce's remand results in the AD review, Chief Judge Mark Barnett also upheld the agency's surrogate value selection for bituminous coal, an input of the subject merchandise of the review, activated carbon, and Commerce's financial ratio calculations.
Ukraine launched a safeguard investigation on tricone drilling bits Oct. 13, it notified the World Trade Organization, the WTO said Oct. 22. The investigation will cover drilling bits with working parts other than natural or artificial diamond, "regardless of the country of origin and export." Ukraine cited substantial evidence from a national producer that documented increased imports of the subject merchandise could cause injury to the domestic producer. Ukraine's Ministry of Economy will conduct a registration of interested parties within 30 days from the publication of its Oct. 11 notice of the decision to conduct the inquiry.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
In the Oct. 13 Customs Bulletin (Vol. 55, No. 40), CBP published a proposal to modify rulings on MIC pecutaneous placement and medical kits.
CBP on Oct. 18 asked the Alaska U.S. District Court to reconsider a temporary restraining order it issued on Jones Act penalties levied against Alaskan shipping companies, arguing that the TRO is "overbroad." Seeking to preserve its right to issue Jones Act penalties on shipments for which the five-year statute of limitations may run out, CBP wants to change the injunction from applying to any penalty notices relating to the Jones Act violation in question to just applying to penalty notices issued on or after Sept. 30 (Kloosterboer International Forwarding LLC, et al. v. United States, D. Alaska #3:21-00198).
Heat-treated aluminum sheet that is made from a proprietary alloy and otherwise meets all scope requirements is covered by antidumping and countervailing duties on common alloy aluminum sheet from China (A-570-073/C-570-074), the Commerce Department said in a recent scope ruling. The “core” layer in Valeo’s clad T-series aluminum sheet is unregistered with the Aluminum Association but can be considered 3-series alloy covered by the scope based on its magnesium content, the agency said.
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: