In a third amended scheduling order, the Court of International Trade set a new Aug. 13 deadline for motions in a case that has been ongoing since 2022. The extension follows an amended complaint filed April 1 in which plaintiff Zoetis Services said that CBP had classified a “nearly identical” product to its own under a Harmonized Tariff Schedule heading it preferred (Zoetis Services LLC v. U.S., CIT #22-00056).
A petitioner in a review of antidumping and countervailing duty orders on certain chassis and subassemblies from China filed a consent motion April 10 to intervene in a case challenging that review brought by importer Pitts Enterprises. The Coalition of American Chassis Manufacturers said it intends to join the case on the side of Pitts to litigate the Commerce Department’s interpretation of the orders’ language (Pitts Enterprises, Inc. v. U.S., CIT # 24-00030).
The Court of International Trade on April 11 sent back the Commerce Department's duty drawback adjustment to exporter Assan Aluminyum, which led to a de minimis antidumping duty rate in the AD investigation on common alloy aluminum sheet from Turkey. Judge Gary Katzmann said it "appears that" Commerce's methodology "impermissibly increased Assan's export price by more than 'the amount of any import duties imposed by the country of exportation which have been rebated."
The U.S. last week transferred thousands of weapons and rounds of ammunition to the Ukrainian armed forces that were confiscated from unflagged vessels en route to Yemen from Iran as part of a civil forfeiture action, DOJ announced on April 9. The shipment included "over 5,000 AK-47s, machine guns, sniper rifles, and RPG-7s, and over 500,000 rounds of 7.62mm ammunition."
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
An exporter of vehicle side bars said April 8 that Section 301 tariff exclusions shouldn't necessarily be considered princpal use provisions, but should instead be analyzed as either principal use, eo nomine or actual use provisions on a case-by-case basis because no published guidance singles out a specific method (Keystone Automotive Operations v. U.S., CIT # 21-00215).
The Court of International Trade on April 10 remanded the Commerce Department's use of a 10.54% adverse facts available rate for alleged benefits exporter Yama Ribbons and Bows Co. received from China's Export Buyer's Credit Program. Judge Timothy Stanceu agreed with Yama that the agency failed to show that the subsidy program from which the rate was taken -- preferential lending rates to China's coated paper industry program -- is similar to the EBCP.
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:
The Customs Rulings Online Search System (CROSS) was updated April 8 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):