The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Hyshield brand plant fertilizer produced by British Columbia-based Sipco Innovations ultimately should have China as its country of origin for marking purposes. However, the country of origin for the Hyshield product is Canada for Section 301 purposes, and it qualifies for preferential tariff treatment under USMCA, according to a May 8 ruling addressed to CBP’s Pharmaceuticals, Health and Chemicals Center of Excellence and Expertise in Newark, New Jersey, and recently released by CBP.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Because no party now opposes the results of a remanded scope ruling on engines with horizontal crankshafts from China, the government asked the Court of International Trade on July 18 to sustain the ruling (Zhejiang Amerisun Technology Co. v. U.S., CIT # 23-00011).
An importer arguing that its Chinese-origin garlic that is boiled, then frozen shouldn’t be subject to antidumping duties on fresh garlic from China filed a motion for judgment in the Court of International Trade on July 15 (Export Packers Company Limited v. U.S., CIT # 24-00061).
Importer Amsted Rail Co. and its Mexican maquiladora affiliate ASF-K Mexico told the Court of International Trade on July 15 that the Commerce Department's failure to disqualify its former counsel, Buchanan Ingersoll partner Daniel Pickard, invalidates the agency's antidumping duty investigation on freight rail couplers from Mexico. Filing a motion for judgment, ARC said Pickard "betrayed" the company by using its information against it in an AD petition and that it didn't consent to Pickard representing an opposing party (Amsted Rail Co. v. U.S., CIT # 23-00242).
The EU General Court last week annulled three European Council decisions sanctioning Vladimir Rashevsky, former CEO and director of mineral fertilizer giant EuroChem. The court didn't consider the most recent listing decision imposing sanctions on Rashevsky.
Countervailing duty petitioner Rebar Trade Action Coalition said the U.S. Court of Appeals for the Federal Circuit has the authority to reinstate the Commerce Department's original determination attributing subsidies received by an exporter's cross-owed input supplier to the exporter itself (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, Fed. Cir. # 24-1431).
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 in remand results submitted to the Court of International Trade on July 12 nudged exporter Gujarat Fluorochemicals' antidumping duty rate from 10.01% to 10.36% after reversing its decision to grant the company a constructed export price offset (Daikin America v. U.S., CIT # 22-00122).