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 needs to reconsider its decision to deny an antidumping duty review respondent a level-of-trade (LOT) adjustment related to the company's home market sales, the Court of International Trade said in a Dec. 17 opinion. Seeing as the decision was based on a factual finding not backed by enough evidence and a second finding that is "vague and conclusory," Commerce needs to take another look at the issue, Judge Timothy Stanceu said.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Antidumping petitioner Wheatland Tube Company is appealing an October Court of International Trade opinion sustaining the Commerce Department's decision to drop a particular market situation adjustment from the sales-below-cost test. According to a Dec. 17 notice of appeal, Wheatland Tube will take the case to the U.S. Court of Appeals for the Federal Circuit. The case concerns the 2016-17 administrative review of the antidumping duty order on circular welded non-alloy steel pipe from South Korea. The trade court originally found that the statute does not permit a PMS adjustment to a respondent's cost of production in the sales-below-cost test (see 2110190054). This interpretation was recently upheld by the Federal Circuit, which found that such an adjustment is only permitted when calculating constructed value (see 2112100039) (Husteel Co., Ltd. v. United States, CIT Consol. #19-00107).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Five Republican Senators filed an amicus brief on Dec. 15 with the U.S. Supreme Court, urging it to take up a case over the limits of the president's authority under the Section 232 national security tariff statute. The brief, signed by Sens. Pat Toomey, R-Pa.; Mike Crapo, R-Idaho; Bill Cassidy, R-La.; Mike Lee, R-Utah; and Ben Sasse, R-Neb., argues against a U.S. Court of Appeals for the Federal Circuit opinion spurning time limits imposed in the statute. The time limits are crucial to ensuring that "Congress makes the major policy decisions regarding the regulation of foreign commerce," the lawmakers said.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Corporations need be careful and exercise due care when establishing their supply chains, said Assistant Attorney General Todd Kim while speaking Dec. 14 at the American Bar Association's National Environmental Enforcement Conference's Section on Environment, Energy and Resources. Kim discussed the DOJ's enforcement approach and mentioned the Lacey Act as an example. "If a corporate supply chain originates from a criminally-tainted source, then my division will consider the criminal responsibility of all parts of that supply chain," Kim said. "A corporation seeking credit for cooperation will need to identify all individuals involved in misconduct, including individuals outside the company in a supply chain. ... A corporation would be well advised to protect itself and its investments by exercising due care over its supply chain in light of the prospect of criminal sanction; the potential seizure and forfeiture of illegally-sourced timber, goods, vessels and other equipment; and the unavailability of an innocent owner defense."
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP was well within its rights to reverse its finding that an importer evaded antidumping duties on frozen warmwater shrimp from India, both the defendant-intervenors, Minh Phu Seafood Joint Stock Co. and MSeafood Corp., and the Department of Justice told the Court of International Trade in a pair of reply briefs. Responding to a motion for judgment from the Ad Hoc Shrimp Trade and Enforcement Committee, both briefs also argued that the petitioner group had no right to the business confidential information in the investigation, calling AHSTEC's arguments "borderline irresponsible" (Ad Hoc Shrimp Trade Enforcement Committee v. United States, CIT #21-00129).