CBP didn't violate diamond sawblade importer Diamond Tool Technology's due process rights when it found that the importer evaded the antidumping duties on the sawblades from China under the Enforce and Protect Act, the Court of International Trade said in an Oct. 29 ruling, made public Nov. 5. However, the court did remand the actual evasion finding back to CBP, having found DTT wasn't required to report "that its diamond sawblades assembled in Thailand consisted of Chinese-origin cores and segments." The court also upheld CBP's finding that DTT's entries that pre-dated the start date of the evasion inquiry are "covered merchandise."
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 decision to reverse the adjustment to an antidumping duty review respondent's reported costs, relying instead on the actual costs of prime and non-prime products as reported by the respondent, complies with the standard set in the Dillinger France v. U.S decision, Commerce said. Replying to the antidumping respondent, Maverick Tube Corporation, in a Nov. 3 reply brief, Commerce said that its position did not require further consideration, but in fact a reversal, to comply with orders from the Court of International Trade (Husteel v. U.S., CIT #19-00112).
The U.S. Court of Appeals for the Federal Circuit should reverse a Court of International Trade decision that found that CBP's "indirect method" for weighing importer New Image Global's tobacco wraps that included the weight of additives was legally and scientifically valid, New Image argued in its Nov. 1 opening brief. The Federal Circuit should remand the case to instruct the trade court that the original test for weighing the tobacco wraps was valid, the importer said.
The Customs Rulings Online Search System (CROSS) was updated Nov. 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):
Three Court of International Trade cases filed by Janssen Ortho should be assigned to Judge Jennifer Choe-Groves and stayed, Janssen argued in an Oct. 27 brief at CIT now that the U.S. Court of Appeals for the Federal Circuit has issued its opinion in the appeal. In April, the Federal Circuit upheld Choe-Groves' decision that the active pharmaceutical ingredient imported by Janssen in one of its HIV medications was eligible for duty-free treatment (see 2104260034). The API was darunavir ethanolate (Janseen Ortho LLC v. United States, CIT #13-00052, #14-00094, #14-00198).
CBP properly found that pencil importer Royal Brush Manufacturing evaded antidumping duties on cased pencils from China, the Court of International Trade held in an Oct. 29 opinion. Chief Judge Mark Barnett upheld CBP's determination after initially remanding the case for not having provided adequate public summaries of business confidential information. Finding that on remand, CBP cleared this hurdle and that the summaries did not violate Royal Brush's due process rights, Barnett upheld the evasion finding.
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:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: