The following lawsuits were filed recently at the Court of International Trade:
The Commerce Department rejected a submission from respondent Assan Aluminyum as untimely in its third remand results in a case on the antidumping duty investigation on common alloy aluminum sheet from Turkey at the Court of International Trade. Despite accepting the submission in its second remand results, the agency said on remand that the information in the submission didn't correct information from the company's earlier submission but rather was an "untimely effort by Assan to supplement its own prior questionnaire response" (Assan Aluminyum Sanayi ve Ticaret v. United States, CIT Consol. # 21-00246).
The Commerce Department permissibly decided not to countervail India's Advanced Authorization Scheme, which is akin to an advance drawback system, in the 2021 administrative review of the countervailing duty order on new pneumatic off-the-road tires, the Court of International Trade held in a decision made public Aug. 29.
The Court of International Trade, in a decision made public Aug. 29, sustained the Commerce Department's 2021 review of the countervailing duty order on new pneumatic off-the-road tires from India. Judge Mark Barnett said Commerce permissibly found that no benefit was conferred through India's Advance Authorization Scheme, which is akin to an advance drawback system. Commerce countervails the withheld import duties under this scheme unless the foreign government has an "effective, systemic process for verifying the use of such exempted inputs or has carried out an examination of actual inputs to verify their use." The judge said the record supports the agency's finding that the Indian government "conducted an examination of the actual inputs involved" in respondent Balkrishna Industries' production of subject tires to "confirm which inputs were consumed in the production of the exported product and in what quantities."
Cigarette manufacturer Scottsdale Tobacco said in an Aug. 13 motion for judgment that it was wrongly denied drawback for its Canada-origin paper-wrapped cigarettes entered in 2018 and 2019 (Scottsdale Tobacco v. United States, CIT # 24-00022).
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.
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).