The Commerce Department reasonably placed greater emphasis on research and development investment when it found that solar cells from Cambodia were circumventing the antidumping and countervailing duty orders on solar cells from China, the U.S. said. Filing a reply brief to the Court of International Trade on Oct. 29, the government argued that the agency "set forth uncontroverted record evidence to explain that R&D is particularly important to solar producers" and that these investments are key to "technological breakthroughs in the solar industry" (BYD (H.K.) Co. v. United States, CIT # 23-00221).
Court of International Trade activity
Watches that have case backs set with watch glass made of nonprecious materials -- such as synthetic sapphire -- are not considered to have cases made "wholly" of precious metal and are classified differently than watches that do, the Court of International Trade ruled Nov. 1. The holding came as a watch importer’s motion for judgment in a 2018 case wound up being denied, and the government’s was granted, by CIT Judge Jane Restani.
The U.S. once again filed a motion to dismiss a case brought by an aluminum rod importer that alleged the Commerce Department had denied a Section 232 tariff exclusion request by pointing to promises made by the importer’s domestic competitor. The U.S. called most of the importer’s claims untimely and unactionable (Prysmian Cables and Systems USA v. U.S., CIT # 24-00101).
Individual importer Timothy Brown filed a complaint on Oct. 31 at the Court of International Trade seeking nearly $20,000 in duty drawback related to the shipment of a Porsch 911 Turbo S luxury vehicle. Brown said he in 2017 imported the vehicle, which was classified under Harmonized Tariff Schedule subheading 8703.24.0190, dutiable at 2.5% (Timothy Brown v. United States, CIT # 20-03733).
Importer Tingley Rubber Corp. told the Court of International Trade that its latex rubber boot savers should be classified under Harmonized Tariff Schedule subheading 6401.99.30, dutiable at 25%, and not under subheading 6401.92.9000, dutiable at 37.5%. The company filed a complaint on Oct. 31 after initially filing its case in 2020. The company said CBP issued a HQ ruling in 2019 confirming that its boot savers properly fit under subheading 6401.99.30. Tingley's preferred subheading covers footwear that covers the knee and is designed for use without closures. Meanwhile, subheading 6401.92.90 covers other footwear that covers the ankle but not the knee (Tingley Rubber Corp. v. United States, CIT # 20-03711).
The government's interpretation of the antidumping and countervailing duty orders on drawn stainless steel sinks from China would lead to "absurd" results and would plainly expand the scope of the orders to out-of-scope items, importer R.H. Peterson told the Court of International Trade on Oct. 29 in a reply brief (R.H. Peterson v. United States, CIT # 20-00099).
The Commerce Department announced that it increased the antidumping margin for a mandatory respondent and nonselected respondents in remand results of a review on mobile access equipment from China after recalculating costs for accuracy. The mandatory respondent’s rate rose from 31.7% to 37.2%, while the nonselected respondents’ rose from 51.83% to 56.5% (Coalition of American Manufacturers of Mobile Access Equipment v. U.S., CIT Consol. # 22-00152).
The Court of International Trade issued a confidential decision on Oct. 31 remanding in part and sustaining in part CBP's finding that importer Scioto Valley Woodworking wasn't evading antidumping and countervailing duties on wooden cabinets from China. Judge Lisa Wang gave the parties until Dec. 2 to review the decision for confidential information. Petitioner American Kitchen Cabinet Alliance brought the suit to ask whether CBP's Office of Rulings and Regulations can reverse evidence-based evasion findings made by CBP's Trade Remedy Law Enforcement Directorate (see 2403120038) (American Kitchen Cabinet Alliance v. U.S., CIT # 23-00140).
Swiss watch importer Ildico’s tariff classification case was dismissed Nov. 1 by Court of International Trade Judge Jane Restani. Looking at the common definition of the term “watch glass” -- using both British and American English dictionaries -- she determined that watch glasses on the backs of watches are part of the cases, so the synthetic crystal glass on the backs of the subject merchandise means their cases aren’t made wholly of precious metal. As a result, the judge found that the watches should be classified under Harmonized Tariff Schedule heading 9102 for watches with cases made of materials other than precious metals, the heading preferred by the government, rejecting Ildico’s preferred heading, 9101 (Ildico v. U.S., CIT # 18-00136).
German exporter Koehler petitioned the U.S. Court of Appeals for the Federal Circuit for a writ of mandamus on Oct. 31 to settle the question of whether the company can be served via its U.S. counsel after the Court of International Trade refused to certify the issue for intermediate appeal. Koehler said the issue of whether CIT rules allow service on a foreign dependent through its U.S. counsel "is a basic, undecided question in this Circuit that is likely to recur" (Koehler Oberkirch GmbH v. United States, Fed. Cir. # 25-106).