The Customs Rulings Online Search System (CROSS) was updated July 23 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):
Litigants sparred at a July 23 oral argument at the Court of International Trade on whether the antidumping and countervailing duty orders on steel wheels from China cover wheels shipped from Thailand with either a rim or a disc made in China. The parties disagreed on whether a prior scope ruling from the Commerce Department spoke to whether these "mixed" goods -- wheels made with either a Chinese-origin rim or disc, but not both -- are covered by the AD/CVD scope (Asia Wheel v. United States, CIT # 23-00096).
The Commerce Department wrongly called its own decision memoranda in other, similar proceedings “new factual information” that could be, and had been, “untimely raised,” a petitioner said in a July 22 brief -- six months after that petitioner relied on them in its own administrative filings (ArcelorMittal Tubular Products v. U.S., CIT # 24-00039).
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
Canada-based Midwest-CBK's sales to U.S. customers weren't "for export" to the U.S. and therefore don't have a "transaction value" for the assignment of import duties, the company told the U.S. Court of Appeals for the Federal Circuit. Filing a reply brief on July 19, Midwest-CBK said the goods should have been "appraised via deductive value" and that its goods were deemed liquidated since CBP didn't have an adequate basis to extend the liquidation of its entries (Midwest-CBK v. United States, Fed. Cir. # 24-1142).
In a pair of opinions published July 22, Court of International Trade Judge Timothy Reif granted motions from defendant-intervenors (see 2305190068) and the International Trade Commission (see 2309010004) to dismiss two cases brought by Turkish steel exporter Eregli Demir ve Celik Fabrikalari regarding the same sunset review of an antidumping duty order on hot-rolled steel flat products from Turkey.
Trade ministers from the U.S., the EU, France, Italy, the U.K., Canada, Germany and Japan reiterated that they are committed to revising the World Trade Organization's dispute settlement, monitoring and negotiating functions, and to restoring a fully functioning dispute settlement system by year-end.
On appeal, the U.S. and a petitioner each defended the Court of International Trade’s acceptance of the Commerce Department's thrice-remanded (see 2401190037) countervailing duty calculation for Russian phosphate fertilizer exporters (The Mosaic Company v. U.S., Fed. Cir. # 21-00117, -20, -21).
An importer arguing that its Chinese-origin garlic that is boiled, then frozen shouldn’t be subject to antidumping duties on fresh garlic from China filed a motion for judgment in the Court of International Trade on July 15 (Export Packers Company Limited v. U.S., CIT # 24-00061).
In a heavily redacted public brief, a mattress petitioner pushed back on several complex conclusions reached by the Commerce Department on remand regarding an antidumping duty order review on mattresses from Indonesia (PT. Zinus Global Indonesia v. U.S., CIT # 21-00277).