The Commerce Department again failed to support its inclusion of marble composite tile made by Elysium Tiles within the scope of the antidumping and countervailing duty orders on ceramic tile from China, the Court of International Trade held on March 11. Judge Jane Restani remanded Commerce's scope ruling for a second time, finding that the agency's focus on the tile's decorative features is irrelevant, and that Commerce engaged in a too-simple discussion on the additional processing the tile went through.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade should not give importer Under the Weather leave to amend its complaint to add a claim in its customs suit on the tariff treatment of its see-through pop-up tent "pods," the U.S. said in a brief filed last week. The government said the proposed amendment to Under the Weather's complaint is "untimely," since it's "now years after" the importer "could have presented its claim to Customs," adding that the claim also fails to state a valid argument (Under the Weather v. United States, CIT # 21-00211).
After two remands, the Court of International Trade sustained March 10 the Commerce Department’s choice of India as a surrogate over Indonesia for an antidumping duty review on Vietnamese-origin frozen fish fillets. The department’s selection was reasonable and adequately explained, it said.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Powdered sugar processed and packaged in Mexico using U.S.-origin refined sugar imported by Batory Foods and Rafi Industries is not subject to the agreements suspending antidumping and countervailing duties on sugar from Mexico (A-201-845/C-201-846), the Commerce Department announced in a Feb. 28 scope ruling. The department also recommended imposing a certification requirement for the imported sugar.
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 Feb. 28 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):
Petitioner The Mosaic Company and exporter OCP again traded briefs at the Court of International Trade regarding a countervailing duty review on Moroccan-origin phosphate fertilizer. Each defended its own prior motion for judgment (see 2408120049) (The Mosaic Co. v. U.S., CIT Consol. # 23-00246).
In a March 5 complaint before the Court of International Trade, German importer MTU Maintenance Hannover brought a single claim disputing CBP’s classification of a mid-frame assembly used in GE Aerospace’s LM2500 gas turbine engine. It said it had just sent the U.S.-origin product back for repairs (MTU Maintenance Hannover v. United States, CIT # 25-00023).