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:
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department granted a level-of-trade (LOT) adjustment for antidumping duty respondent Productos Laminados de Monterrey (Prolamsa) on remand at the Court of International Trade, reversing course from its previous position. Finding that the totality of evidence supports the position that Prolamsa made sales at two levels of trade, Commerce dropped Prolamsa's dumping rate from 7.47% to 0.89% (Productos Laminados de Monterrey S.A. de C.V. v. U.S., CIT #20-00166).
AA Metals Engaged in evasion of antidumping duty and countervailing duty orders on aluminum sheet from China by purchasing re-rolled sheet from Turkey, CBP said in a final determination dated March 21. The investigation, initiated in June 2020, followed a March 2020 allegation by Texarkana Aluminum that AA Metals was importing Chinese-origin aluminum sheet re-rolled by two Turkish companies, Teknik and PMS.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP began a formal EAPA investigation into whether Acmetex Inc. and New Fire Co., Ltd. evaded antidumping and countervailing duties on amorphous silica fabric, according to a March 28 announcement by CBP. The case follows an Oct 18, 2021, allegation by Auburn Manufacturing, Inc., that claims Canadian company Acmetex evaded AD and CVD orders A-570-038 and C-570-0396 on silica fabric produced in China by misclassifying fabric as “glass cloth fiber” and transshipping covered silica fabric from China through Canada to the U.S.
The Customs Rulings Online Search System (CROSS) was updated April 5 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):