The U.S. Court of Appeals for the Federal Circuit on Jan. 8 heard oral argument in the massive Section 301 litigation, primarily probing the litigants' positions regarding how to interpret the term "modify" in the statute and whether the statute allows the U.S. trade representative to impose duties in response to retaliatory measures from China (HMTX Industries v. United States, Fed. Cir. # 23-1891).
The U.S. Court of Appeals for the 11th Circuit reversed a lower court's dismissal of sugar producer North American Surgar Industries' suit against five companies for allegedly trafficking the company's property, which was stolen by the Cuban government. Judges Charles Wilson, Robert Luck and Barbara Lagoa held that the lower court incorrectly found that the alleged violations of the Helms-Burton Act only occurred in Cuba (North American Sugar Industries v. Xinjiang Goldwind Science & Technology, 11th Cir. # 23-10126).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
After a remand, the Commerce Department continued to find the downstream products of Mexican pipe exporter Maquilacero S.A. de C.V. and auto-parts manufacturer Tecnicas de Fluidos S.A. de C.V. (TEFLU) were covered by an antidumping duty order on light-walled rectangular pipe and tube (Maquilacero S.A. de C.V. v. U.S., CIT Consol. # 23-00091).
The International Trade Commission erred when it found that aluminum extrusion exports from 14 nations didn't injure the U.S. industry, AD/CVD petitioners the U.S. Aluminum Extruders Coalition and the United Steelworkers argued in a Jan. 3 complaint at the Court of International Trade. The seven-count complaint challenged, among other things, the commission's conclusions that the extrusions didn't undersell the domestic like product nor have "significant adverse price effects" (U.S. Aluminum Extruders Coalition v. United States, CIT # 25-00001)
In comments Dec. 16, the trade group Catfish Farmers of America opposed the Commerce Department’s remand results regarding its antidumping duty review on Vietnamese frozen fish fillets (see 2410220042) after the department refused to deviate from its previous surrogate decisions (Catfish Farmers of America, et al. v. United States, CIT # 22-00125).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
A Vietnamese frozen fish fillet exporter’s single U.S. sale wasn’t bona fide, the domestic trade group Catfish Farmers of America said Dec. 16 in a motion for judgment (Catfish Farmers of America v. U.S., CIT # 24-00126).
The Customs Rulings Online Search System (CROSS) was updated between Dec. 17 and Dec. 20 with the following headquarters ruling (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
Congress didn't give the Commerce Department authority to deviate from certain principles associated with anti-circumvention proceedings whenever it thinks the effectiveness of an AD/CVD measure has been threatened "by changes in manufacturing methods or supply chains," Solar cell exporter BYD (H.K.) Co. argued. Filing a reply brief last week with the Court of International Trade, BYD said Congress laid out only a "very limited number of specific manufacturing scenarios" that can be deemed "circumvention" (BYD (H.K.) Co. v. U.S., CIT # 23-00221).