The Commerce Department stuck by its treatment of antidumping duty respondent Assan Aluminyum's raw material costs and hedging revenues on remand at the Court of International Trade in the AD investigation on aluminum foil from Turkey. However, the agency modified Assan's duty drawback adjustment, resulting in a slight uptick in the respondent's AD rate, from 2.28% to 2.3% (Assan Aluminyum Sanayi ve Tiaret v. United States, CIT # 21-00616).
A domestic glycine producer said Sept. 3 that it hadn’t needed to exhaust its administrative remedies prior to coming to court because it had never had the chance to seek a remedy in the first place (Deer Park Glycine, LLC v. U.S., CIT # 23-00238).
On appeal, the U.S. supported Court of International Trade Judge Jane Restani’s decision that imported weekly/monthly planners were properly classified as “diaries” under heading 4820 of the Harmonized Tariff Schedule (see 2404100052). The decision subjected the importer to Section 301 tariffs (Blue Sky The Color of Imagination v. U.S., Fed. Cir. # 24-1710).
The Customs Rulings Online Search System (CROSS) was updated between Aug. 23 and Aug. 29 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):
A Chinese exporter of multilayered wood flooring argued Aug. 29 that its 16 input suppliers weren’t under government control. The government policies in question didn’t contradict a Chinese government claim that party officials didn’t hold any ownership positions in a number of input suppliers, it said (Baroque Timber Industries (Zhongshan) Co. v. United States, CIT # 23-00136).
A Chinese exporter of multilayered wood flooring argued Aug. 29 that its 16 input suppliers weren’t under government control. The government policies in question didn’t contradict a Chinese government claim that party officials didn’t hold any ownership positions in a number of input suppliers, it said (Baroque Timber Industries (Zhongshan) Co. v. United States, CIT # 23-00136).
South Korean exporter Hyundai Steel Co. opposed the Commerce Department's finding on remand that the Korean government's full allocation of carbon emission permits under the Korean Emissions Trading System (K-ETS) during the 2019 review of the countervailing duty order on hot-rolled steel flat products from South Korea was de facto specific. On remand, Commerce switched from a de jure to a de facto specificity finding (Hyundai Steel Co. v. United States, CIT # 22-00170).
A defendant-intervenor Korean exporter of superabsorbent polymers opposed the Commerce Department’s determination (see 2406170034), on remand, that would raise its antidumping margin from 17.64% to 26.05% (The Ad Hoc Coalition of American SAP Producers v. United States, CIT # 23-00010).
The Court of International Trade on Aug. 28 denied both the government's and importer HyAxiom's motions for judgment in a customs classification case on PC50 supermodules, which are a part of a stationary hydrogen fuel cell generator known as the PureCell Model 400. Judge Timothy Stanceu said a factual determination is needed on whether the PC50's "principal function" is gas generation.
Exporter Yingli Energy (China) Co. filed a complaint on Aug. 28 at the Court of International Trade to contest the Commerce Department's denial of its separate rate application in the 10th review of the antidumping duty order on solar cells from China, claiming that it showed its independence from Chinese state control (Yingli Energy (China) Co. v. United States, CIT # 24-00131).