Importer Meyer Corporation U.S. and the U.S. traded supplemental briefs last week following a bench trial at the Court of International Trade on whether Meyer's cookware imports are entitled to first sale valuation (Meyer Corporation U.S. v. United States, CIT # 13-00154).
The U.S. renewed a cross-motion for judgment June 6 regarding the classification of importer HyAxiom’s hydrogen fuel cell generator components, saying the importer’s product was “a multi-functional machine” classifiable under Harmonized Tariff Schedule heading 8479. The government’s initial motion was dismissed by Court of International Trade Judge Timothy Stanceu in August 2024 (see 2408290019) (HyAxiom v. United States, CIT # 21-00057).
The Court of International Trade on June 5 sent back the Commerce Department's new shipper review of exporter Co May under the antidumping duty order on frozen fish fillets from Vietnam after the petitioner, the Catfish Farmers of America, challenged whether Co May's single U.S. sale was bona fide. Judge Jane Restani sent the review back so Commerce can address its "profitability analysis," and specifically, so the agency can look at "antidumping duty expenses and sales between likely affiliated parties."
The Commerce Department failed to follow the "procedural prerequisites" for changing its position on remand when using adverse facts available against exporter Saha Thai Steel Pipe in an antidumping duty review, the Court of International Trade held on June 5. Remanding the review for a third time, Judge Stephen Vaden said Commerce ran "afoul of the most basic of administrative law requirements" when it "falsely claimed to keep its rationale the same" for applying AFA "while quietly changing its position."
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Following a voluntary remand which saw the Commerce Department maintain a prior determination, petitioner ArcelorMittal Tubular Products said that DOJ was inventing a new, post-hoc rule that entities couldn’t be collapsed across borders (ArcelorMittal Tubular Products v. United States, CIT # 24-00039).
The Customs Rulings Online Search System (CROSS) was updated May 20-23 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):
The Court of International Trade on June 3 sustained the Commerce Department's selection of the financial statement of TMTE Metal Tech to calculate respondent Triune Technofab's constructed value in the antidumping duty investigation on boltless steel shelving units prepackaged for sale from India. The result is a negative determination in the AD investigation.
The U.S. and defendant-intervenor Wind Tower Trade Coalition each pushed back against exporter CS Wind Malaysia’s challenges to a 2021-22 administrative review of the antidumping duty order on utility scale wind towers from Malaysia (CS Wind Malaysia v. United States, CIT # 24-00079, -00150).
Pea protein exporters and an importer said May 27 the International Trade Commission is wrongly attempting to create a new legal standard for determining the existence of critical circumstances (NURA USA v. United States, CIT Consol. # 24-00182).