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. Chamber of Commerce hopes to be able to support the House China package, since the trade group supported the U.S. Innovation and Competition Act, but said the House bill "continues to include numerous policies that would undermine U.S. competitiveness, and Members are being denied the opportunity to vote on amendments to address these issues." The Chamber said it will push during the conference process to get better bill.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Customs Rulings Online Search System (CROSS) was updated Feb. 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):
A lawsuit by Home Depot USA over the president's authority to expand Section 232 national security tariffs beyond procedural deadlines filed at the Court of International Trade was assigned to a three-judge panel, in a Feb. 2 order. The judges -- Timothy Stanceu, Jennifer Choe-Groves and M. Miller Baker -- ruled on the original April 2021 decision to strike down the expansion of the Section 232 tariffs onto steel and aluminum "derivatives" (see 2104050049). (Home Depot USA v. United States, CIT #22-00014).
The Court of International Trade upheld for the second time the Commerce Department's decision that no benefit was conferred to South Korean steel companies through the provision of electricity. In a decision written on Jan. 21 but made public on Feb. 1, Judge Mark Barnett sustained Commerce's decision after the U.S. Court of Appeals for the Federal Circuit remanded it for unlawfully relying on price discrimination instead of a thorough fair-market principles evaluation. Barnett said Commerce has now addressed the Federal Circuit's concerns.
The Court of International Trade granted the Commerce Department's request to re-review its decision to deny 15 exclusion requests from Section 232 steel and aluminum tariffs, in a Feb. 1 order. Plaintiff NLMK Pennsylvania had consented to the request, even though Commerce's offer only covered 15 of the 54 total exclusion denial challenges made by NLMK. In its order, CIT did shorten the amount of time Commerce has to review the 15 cases from 150 days, as requested by the agency, to 106 days.
BGI Group, doing business as U.S. Cabinet Depot, evaded the antidumping and countervailing duty orders on wooden cabinets and vanities from China, CBP said in a Jan. 27 Enforce and Protect Act determination. BGI evaded the orders by misrepresenting the country of origin of its entries as Vietnam, the agency said. While BGI maintained that its Vietnamese supplier, HOCA Vietnam, further processed components from China, CBP said that the orders' scope language still includes such products.
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 allowed the American Steel Nail Coalition to appear as amicus curiae in a dispute over whether the president properly expanded the Section 232 steel and aluminum tariffs onto "derivative" products made beyond procedural deadlines. In the brief, the coalition urged the Federal Circuit to uphold this extension since it had a positive impact on the U.S. industry and the issue was already decided in the key case Transpacific Steel v. U.S. (see 2201100059). In Transpacific, the Federal Circuit greenlighted presidential action taken beyond procedural time limits so long as it is part of the original plan of action laid out in the Commerce Secretary's report preceding the Section 232 tariffs (see 2107130059) (PrimeSource Building Products v. United States, Fed. Cir. #21-2066).