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 improperly found that the plain language of the antidumping duty and countervailing duty orders on chassis and subassemblies thereof from China cover Vietnamese chassis with Chinese-origin components, the Court of International Trade held on Oct. 8. Judge Claire Kelly said the orders "contain multiple ambiguities," including "when components are included within the scope of the Orders," when third-country operations exclude the individual components from the orders, and the meaning of "subassemblies ... whether ... assembled or unassembled."
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
During oral argument held Sept. 3 at the Court of International Trade, Judge Mark Barnett expressed skepticism about an argument that negative antidumping duty and countervailing duty determinations regarding a product preclude the Commerce Department from starting circumvention inquiries into the same product (SeAH Steel Vina Corp. v. United States, CIT Consol. # 23-00256, -00257, -00258).
The Court of International Trade on Oct. 8 remanded a Commerce Department scope ruling that importer Pitts Enterprises' chassis from Vietnam containing Chinese-origin axle and landing gear components fall under the scope of the antidumping and countervailing duty orders on chassis and subassemblies thereof from China. Judge Claire Kelly held that Commerce must adopt the "plain meaning of the word 'entered'" in the AD/CVD orders, "namely 'entered into the United States.'" Kelly also rejected the agency's claim that the plain meaning of the orders covers Chinese-origin parts that enter the U.S. as part of a chassis. She found that the orders are ambiguous as to "when components are included within the scope of the Orders." They're also unclear on when third country operations remove these parts from the orders, as well as on the meaning of "subassemblies ... whether ... assembled or unassembled." Lastly, the judge told Commerce to reconsider its decision to impose AD/CVD on the "entire value of the imported chassis" rather than just on the Chinese-origin parts.
Chris Duncan, former partner at Stein Shostak, has joined Squire Patton in the international trade and foreign investment practice group in the firm's Los Angeles office, the firm announced. Prior to joining Stein Shostak, Duncan worked for 16 years at CBP as a senior attorney, most recently holding the position of assistant chief counsel in San Francisco. Duncan works on a host of customs issues, including on classification, Section 301 tariffs, valuation, country of origin and marking rules, the firm said.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
John Foote, former chief of Kelley Drye's customs practice, has joined Sidley as a partner in the global arbitration, trade and advocacy practice, the firm announced. Foote, who worked at Kelley Drye since 2020, represents clients on various customs matters at both the administrative and judicial levels, including classification, valuation, country of origin, drawback, tariff exclusions, withhold release orders and antidumping/countervailing duty evasion issues, Sidley said. Prior to joining Kelley Drye, Foote worked as an associate and partner at Baker McKenzie for six years.
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 on Sept. 25 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):