The U.S. Court of Appeals for the Federal Circuit on Oct. 8 held that the Commerce Department's "cross-ownership regulation" turns on whether the purpose of the subsidy provided to a cross-owned input provider "is to benefit the production of both the input and downstream products." In clarifying how the regulation is to be applied, Judges Jimmie Reyna, William Bryson and Kara Stoll held that the Court of International Trade was right to reject Commerce's application of this regulation to countervailing duty respondent Gujarat Fluorochemicals in the countervailing duty investigation on polytetrafluoroethylene (PTFE) resin from India.
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).
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Judges at the U.S. Court of Appeals for the Federal Circuit pressed counsel for importer Blue Sky the Color of Imagination and the government during oral argument on Oct. 7 in the importer's customs classification suit on its notebooks with calendars. During the argument, Judges Alan Lourie, Raymond Chen and William Bryson grappled with whether the court is bound by its 2010 ruling in Mead v. U.S. and whether the goods are properly classified as calendars or diaries (Blue Sky The Color of Imagination v. U.S., Fed. Cir. # 24-1710).
In the Oct. 1 Customs Bulletin (Vol. 59, No. 40), CBP published proposals to modify or revoke ruling letters concerning the tariff classification of men’s outerwear jackets from China.
The Commerce Department erred in deciding to "smooth" antidumping duty respondent Prolamsa's production costs in the 2022-23 administrative review of the AD order on heavy walled rectangular carbon welded steel pipes and tubes from Mexico, Prolamsa argued in an Oct. 3 complaint at the Court of International Trade (Productos Laminados de Monterrey v. United States, CIT # 25-00195).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Commerce wrongly requested from a mandatory respondent in a countervailing duty administrative review information about five government programs the department never determined were countervailable subsidies, exporter OCP said Sept. 30 (OCP v. United States, CIT Consol. # 24-00227).
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 on Oct. 1 sent back the Commerce Department's decision to deny antidumping duty respondent Ditar's request for a level-of-trade analysis in the AD investigation on shopping bags from Colombia.