The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Inconsistent documentation cost a manufacturer of plastic pallets, trays and lids duty-free treatment on returned items, CBP said in a June 13 HQ ruling addressed to the Automotive and Aerospace Center of Excellence and Expertise, directing it to deny a protest by ZF TRW Canada (ZF).
The Court of International Trade will put a temporary hold on liquidation of entries of aluminum extrusions imported by Kingtom Aluminio while it considers a preliminary injunction requested by a domestic industry group, it said in an Aug. 18 order (Aluminum Extrusions Fair Trade Committee v. United States, CIT # 22-00236).
CBP and the Commerce Department engaged in several abuses of discretion in a prolonged Enforce and Protect Act investigation into alleged evasion of hardwood plywood, InterGlobal Forest (IGF) said in an Aug. 17 complaint at the Court of International Trade. IGF contests a January EAPA decision that found evidence of evasion and the June decision by CBP's Office of Regulations and Rulings that affirmed it (InterGlobal Forest v. United States, CIT # 22-00240).
The U.S. Court of Appeals for the Federal Circuit ruling to overturn a Court of International Trade decision that called into question the use of first sale treatment for imported goods involving non-market economy countries (see 2208110060) is largely seen as providing a welcome relief to importers, several law firms said. "For those importers enjoying the benefits of lower declared values and duties, particularly from China in light of Section 301 tariffs, there is no longer a need for concern now that, on appeal, the court has given first sale a nod," Sandler Travis lawyer Lenny Feldman said on a podcast. The original CIT decision (Meyer Corporation v. U.S., Fed. Cir. #21-1392) raised some concerns for the future of first sale treatment (see 2104200028).
The Commerce Department did give a Chinese cabinet exporter a fair chance when it continued to rely on adverse facts available despite a court order that invalidated the agency’s original reasoning for the AFA rate, the exporter said in an Aug. 15 brief opposing Commerce’s remand results (Dalian Meisen Woodworking v. U.S., CIT # 20-00109).
CBP's Trade Remedy Law Enforcement Directorate recently upheld on review a finding that AA Metals evaded antidumping and countervailing duties on common alloy aluminum sheet from China, it said in a decision following an Enforce and Protect Act administrative review. AA Metal submitted the request for review in May after CBP issued an April determination of evasion (see 2204070042). The investigation followed a March 2020 EAPA allegation by Texarkana Aluminum against AA Metals, alleging that AA Metals entered common alloy aluminum sheets of Chinese origin into the U.S. via transshipment through Turkey to evade AD/CVD duties on aluminum from China.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Minor issues in reporting home market sales in an antidumping duty administrative review don’t rise to the level that would justify an adverse facts available margin for an exporter’s large power transformers from South Korea, nor does the exporter’s purported lack of cooperation in a previous year’s administrative review give Commerce leeway to apply AFA, the U.S. Court of Appeals for the Federal Circuit ruled Aug. 11.
The CEO of two personal protective equipment companies will pay more than $157,000 in civil penalties to settle a lawsuit referred recently to DOJ over false "Made in USA" claims, the Federal Trade Commission said in a news release. FTC alleged that Adam Harmon and two companies he controlled, Axis LED Group and ALG-Health, deceptively said in marketing materials and labels that the products were made in the U.S. (United States v. Axis LED Group, et al., N.Dist. Ohio # 3:22-01389). "Harmon and ALG made numerous false and misleading claims that their PPE products were all or virtually all made in the United States, even though the products were wholly imported, or incorporated significant imported materials or subcomponents," the agency said. "These claims and other false statements -- including that the defendants’ products were U.S.-origin respirators, certified by the National Institute for Occupational Safety (NIOSH) -- violated the COVID-19 Consumer Protection Act." Under a proposed settlement order, Harmon and the companies must stop with the deceptive origin claims and substantiate all Made in USA language. Harmon and the companies also must "pay a $157,683.37 civil penalty, which is due immediately," FTC said. "The defendants are also subject to a $2.8 million redress judgment, which is suspended due to their inability to pay. Should the FTC discover that the defendants have misstated the value of any assets or failed to disclose them, the agency will "seek to have the suspension lifted and the full judgment due immediately."