The Court of International Trade's ruling that a product is "imported" for duty drawback purposes when it's admitted into a foreign-trade zone and not when entered for domestic consumption impermissibly repealed part of the Foreign Trade Zone Act, imported King Maker Marketing argued in its opening brief at the U.S. Court of Appeals for the Federal Circuit. The importer added that it's "both absurd and anomalous" to impose a time limit on the recovery of duties and taxes under the drawback scheme as "beginning to run before those duties and taxes are paid" (King Maker Marketing v. United States, Fed. Cir. # 25-1819).
The Customs Rulings Online Search System (CROSS) was updated on July 22 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 Customs Rulings Online Search System (CROSS) was updated on July 22 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):
Four related exporters, led by Assan Aluminyum Sanayi ve Ticaret, filed a complaint at the Court of International Trade on July 23, arguing that the Commerce Department illegally decided to limit the full duty drawback adjustment to which Assan is entitled by statute in the 2022-23 administrative review of the antidumping duty order on aluminum foil from Turkey. The result of the review was a 2.34% AD rate for Assan (Assan Aluminyum Sanayi ve Ticaret A.S. v. United States, CIT # 25-00137).
The following lawsuit was filed recently at the Court of International Trade:
The Aluminum Association Trade Enforcement Working Group, an antidumping duty petitioner, told the Court of International Trade that a recent CIT decision regarding respondent Assan Aluminyum's duty drawback adjustment is relevant for its case also involving a duty drawback adjustment claim from Assan (Assan Aluminyum Sanayi ve Ticaret v. United States, CIT # 21-00616).
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):
Importer King Maker Marketing on May 29 said it will appeal a Court of International Trade decision issued earlier this month finding that a product is "imported" for duty drawback purposes when it's admitted into a foreign-trade zone and not when entered for domestic consumption (see 2505150038). The trade court said the definition of "importation" found in both the dictionary and Supreme Court precedent distinguishes importation from entry, adding that when Congress passed the current drawback statute, it specifically decided that the five-year period in which to make a drawback claims runs from the date of importation and not the date of entry. Due to the ruling, King Maker's case challenging the rejection of its claims for substitution unused merchandise drawback was tossed as untimely (King Maker Marketing v. United States, CIT # 24-00134).
The Commerce Department improperly failed to respond to an antidumping duty petitioner's claim that a submission from AD review respondent Assan Aluminyum regarding its duty drawback adjustment didn't rebut, clarify or correct information submitted in the petitioner's rebuttal, the Court of International Trade held on May 21. Judge Gary Katzmann said Commerce can't pursue the goal of calculating an accurate dumping margin "without regard for procedural constraints."
The Court of International Trade on May 21 remanded the Commerce Department's second remand results in a case on the antidumping duty investigation on common alloy aluminum sheet from Turkey. Judge Gary Katzmann held that Commerce unlawfully failed to respond to an objection from the petitioner, the Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement Working Group, that one of respondent Assan Aluminyum's submissions to the agency on remand contained new information that didn't rebut, clarify or correct information submitted in the petitioner's rebuttal regarding Assan's duty drawback adjustment. Katzmann also held that Commerce unlawfully failed to respond to the petitioner's objection to the agency's reliance on "unverified information" in two of Assan's submissions on remand.