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 complied with the Court of International Trade's remand instructions when it found that certain door thresholds qualify for the "finished merchandise" exclusion from the antidumping duty and countervailing duty orders on aluminum extrusions from China, the Justice Department said in a pair of Feb. 14 reply briefs. Filing its responses in two separate cases, one brought by Columbia Aluminum Products and the other by Worldwide Door Components, Commerce said that it relied on CIT's rulings to find that the plaintiffs' door thresholds qualified for the finished merchandise exclusion while ignoring prior authorities that established that a subassembly could not qualify for the exclusion (Worldwide Door Components v. United States, CIT #19-00012) (Columbia Aluminum Products v. United States, CIT # 19-00013).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Challenge to Lack of Section 301 Refund Not an Entry-Specific Matter, Importers Tell Federal Circuit
A CBP protest was not needed to establish jurisdiction in two companies' challenge to CBP's assessment of Section 301 tariffs on goods subsequently granted a tariff exclusion since the challenge is not an entry-specific matter, the companies, ARP Materials and Harrison Steel, said in a Feb. 7 brief. Replying to the U.S.'s arguments at the U.S. Court of Appeals for the Federal Circuit, the plaintiff-appellants said that their challenge has jurisdiction under Section 1581(i), the trade court's "residual" jurisdiction provision, since the action relates to CBP's imposition of the requirements of an "inapt statute" to all the entries excluded from tariff lists 2 and 3 (ARP Materials Inc. v. United States, Fed. Cir. #21-2176).
The Commerce Department excluded importer Star Pipe Products' 11 ductile iron flanges from the antidumping duty order on cast iron pipe fittings because the Court of International Trade left no alternative, Commerce said in a Feb. 7 brief. Responding to U.S. producer ASC Engineered Solutions arguments in a reply brief at CIT, Commerce said that even though the court initially agreed that the plain scope language included Star Pipe's flanges in the AD order, it said this was insufficient to include the flanges (Star Pipe Products v. United States, CIT #17-00236).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
There is no exception for business confidential information to the requirement that CBP provide a company subject to an antidumping duty and countervailing duty evasion investigation access to the evidence on which the agency relies, importer Royal Brush told the U.S. Court of Appeals for the Federal Circuit in a Feb. 4 opening brief. CBP's denial of Royal Brush's access to the BCI in the Enforce and Protect Act investigation violated its due process rights and created a "flawed process for adjudicating complaints of duty evasion," the brief said (Royal Brush Manufacturing Inc. v. United States, Fed. Cir. #22-1226).
Simpli Home evaded antidumping and countervailing duty orders on quartz countertops from China, according to a Jan. 25 Enforce and Protect Act determination by CBP that found Simpli Home transshipped items through Vietnam and falsely declared them to be of Vietnamese origin. The investigation was requested by Cambria, based on trade data evidence showing Chinese artificial stone exports to Vietnam firm Anaq and product marketing showing quartz countertops.
Far East, Ciel, APPI, InterGlobal, and Libery Woods transshipped plywood through Vietnam to evade antidumping and countervailing duty orders on hardwood plywood from China, falsely declaring the plywood was of Vietnamese origin, CBP said in a Jan. 30 Enforce and Protect Act determination.
CNC evaded antidumping and countervailing duty orders on wooden cabinets and vanities from China by transshipping them through Malaysia and falsely declaring them to be of Malaysian origin, CBP said in a Jan. 31 Enforce and Protect Act determination.