The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP illegally found that importers American Pacific Plywood Inc. (APPI), Far East American and Liberty Woods International evaded the antidumping and countervailing duty orders on hardwood plywood from China by transshipping their goods through Vietnam, the importers argued in two July 20 complaints at the Court of International Trade. The importers' six- and 10-count complaints against CBP over its Enforce and Protect Act investigation include claims the agency illegally initiated the investigation, violated the importers' due process rights and improperly found that all of its imports were covered merchandise (Far East American v. United States, CIT #22-00213) (American Pacific Plywood Inc. v. U.S., CIT #22-00214).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
A case involving allegedly defective plywood should be dismissed from consideration at the Court of International Trade because the importer has failed to show evidence of actual defect or specific value lost, the government said in a July 18 cross-motion for summary judgement (Bral Corporation v. United States, CIT # 20-00154).
The Commerce Department in July 18 remand results submitted to the Court of International Trade found that there was insufficient evidence to deny antidumping respondent Z.A. Sea Foods Private Limited's (ZASF) Vietnam sales for use in calculating normal value. In the AD case, Commerce rejected ZASF's third-country sales to Vietnam for allegedly ending up in the U.S. to evade the relevant AD order -- this position was sent back by the trade court. On remand, the agency used the Vietnamese sales to calculate normal value, ending on a 1.73% dumping rate for ZASF (Z.A. Sea Foods Private Limited v. United States, CIT Consol. #21-00031).
The U.S. Court of Appeals for the Federal Circuit in a July 12 letter invited the U.S. and defendants-appellants Hyundai Heavy Industries (HHI) and Hyundai Corp. to file a response to a panel rehearing petition in an antidumping duty case. Originally brought by Hitachi Energy USA, the case concerns the administrative review of the AD order on large power transformers from South Korea. In a May opinion, the Federal Circuit ruled that the Commerce Department improperly hit respondent HHI with adverse facts available over its reporting of service-related revenue. The court said HHI has the right to supplement the record and Commerce cannot claim the company didn't act to the best of its ability in the review since it fully responded to Commerce's requests for further information (see 2205240028). Hitachi then filed for a rehearing, and the court invited the U.S., HHI and Hyundai Corp. to respond since they have yet to file a reply (Hitachi Energy USA v. United States, Fed. Cir. #20-2114).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP’s reversal in an antidumping and countervailing duty evasion case at the Court of International Trade case puts the agency’s entire Enforce and Protect Act program “in jeopardy,” the domestic industry group Aluminum Extruders Council said in a blog post July 13.
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. on July 14 appeared in a case at the U.S. Court of Appeals for the Federal Circuit over whether the Commerce Department has the statutory authority to conduct expedited countervailing duty reviews. The court in June invited the U.S. to file an amicus brief after it failed to appear to that point (see 2206100045). In response, Elizabeth Speck at DOJ asked the court for another 92 days to file the amicus brief, filing an unopposed motion for extension of time. In the brief, Speck said that the additional 92 days is necessary since the U.S. has decided not to participate in the appeal.