DOJ joined a motion to dismiss a countervailing duty case originally filed by CVD petitioner Dextar Wheels arguing that the Court of International Trade cannot order the Commerce Department to correct something it did not do in the first place. Filing its own motion to dismiss on March 15, DOJ said that the plaintiff, steel wheel importer Rimco, failed to make a claim on which relief can be granted since Commerce did not even establish an all-others rate in a CVD review -- precisely what Rimco is challenging (Rimco v. United States, CIT #21-00588).
"Virtually every substantial issue" raised by plaintiffs in an antidumping duty challenge led by Ellwood City Forge Company still remains following a voluntary remand proceeding from the Commerce Department, the plaintiffs argued in a revised March 11 motion for judgment at the Court of International Trade. In particular, Ellwood argued Commerce's remand left unaddressed the issue of Commerce's failure to conduct verification in the antidumping duty investigation on forged steel end blocks from India (Ellwood City Forge Company v. United States, CIT #21-00007).
CBP's finding that Skyview Cabinet evaded antidumping and countervailing duties on wooden cabinets and vanities from China was unsupported by evidence and based on hearsay, and improperly added full supply chain assessment requirements, the importer told the Court of International Trade in a March 10 complaint (Skyview Cabinet USA v. United States, CIT #22-00080).
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 March 9 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):
Exporter China Customs Manufacturing's solar panel mount assemblies are "fully and completely assembled" at the time they're imported, thus qualifying for a finished merchandise exclusion from the antidumping duty and countervailing duty orders on aluminum extrusions from China, CCM argued. Filing its opening brief at the U.S. Court of Appeals for the Federal Circuit on March 8, CCM, along with Greentec Engineering, argued that the record shows that the solar panel mount assemblies satisfy each of the requirements for the exclusion, including being fully assembled at the time of entry (China Custom Manufacturing v. United States, Fed. Cir. #22-1345).
The Commerce Department gave itself more time to consider whether to begin an anti-circumvention inquiry on solar cells from Malaysia, Thailand and Vietnam, in a March 9 memo. The petition alleges that Chinese solar panel manufacturers have shifted manufacturing to Malaysia, Thailand and Vietnam to circumvent the antidumping duty and countervailing duty orders on solar cells and modules from China (see 2202090060).
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:
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