The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Lithionics Battery and its founder and owner Steven Tartaglia violated the law by falsely claiming their battery and battery module products were made in the U.S., the Federal Trade Commission said in an April 12 complaint in a Florida district court. By doing so, the company and its founder violated the Made in the USA Labeling Rule, the complaint said (United States v. Lithionics Battery LLC, M.D. Fla. #8:22-00868). The case marks the first enforcement action under the agency's new labeling rules (see 2107010077), 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:
CBP released its April 13 Customs Bulletin (Vol. 56, No. 14), which includes the following ruling actions:
The Commerce Department tapped a new third-country company's financial statement to use for surrogate values in an antidumping duty review after the Court of International Trade remanded its decision for a third time. Submitting its remand results to CIT on April 12, the agency halved mandatory respondent Oman Fasteners' dumping margin from 9.10% to 4.22% (Mid Continent Steel & Wire Inc. v. United States, CIT Consol. #15-00214).
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's conclusion that Dominican manufacturer Kingtom Aluminio had exports subject to the antidumping duty order on aluminum extrusions from China based on CBP's Enforce and Protect Act investigation is an "abdication of its legal responsibility" to conduct administrative reviews, Kingtom said in an April 8 complaint. Taking its grievance to the Court of International Trade, Kingtom also said that the decision to find that the exporter had goods subject to the AD order based on adverse facts available is a due process violation (Kingtom Aluminio v. U.S., CIT #22-00072 to -00079).
Importer Acquisition 362, doing business as Strategic Import Supply, had to file a protest to properly establish jurisdiction to challenge the liquidation of its entries, DOJ argued in an April 8 reply brief at the U.S. Court of Appeals for the Federal Circuit. Responding to SIS's arguments that there was nothing to protest at the time since the countervailing duty rate was not final, DOJ said that this position is incorrect since the importer should have moved to suspend liquidation during the CVD review. Failing to do so precluded the ability to judicially challenge the liquidations, the brief said (Acquisition 362, LLC dba Strategic Import Supply v. United States, Fed. Cir. #22-1161).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: