CBP found an article description for aircraft parts at the 10-digit level in the Harmonized Tariff Schedule begins with "other" and correctly denied a claim for unused substitution drawback, DOJ said in a June 2 cross motion for summary judgment at the Court of International Trade. The case concerns the placement of the word "other" in the superior text between the 8-digit HTS subheading and the 10-digit statistical reporting number. The court's ruling could shake up the industry and could change how CBP interprets what HTS numbers are eligible or not for this type of drawback (see 2303270031) (Spirit Aerosystems v. U.S., CIT # 20-00094).
The Commerce Department decided to use adverse facts available related to antidumping duty respondent Assan Aluminyum Sanayi ve Ticaret's billing adjustments following a Court of International Trade order questioning whether Assan acted to the best of its ability in its remand results submitted to the trade court May 31. The agency also revised the duty drawback adjustment methodology it applied to Assan by dividing the amount of duties exempted by a Turkish duty exemption program during the AD investigation period over the total quantity of exports made under the program to calculate a per-unit drawback adjustment. The result, if sustained, would be a de minimis rate for Assan (Assan Aluminyum Sanayi ve Ticaret v. United States, CIT # 21-00246).
A case making its way through the Court of International Trade concerning CBP's interpretation of the drawback statute could result in a "win-win for the drawback community," law firm Neville Peterson said in a blog post. The case could see the court "employ a rule of lenity" when interpreting what is an "article description" for the purposes of setting substitution unused merchandise drawback eligibility, the firm claimed.
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CBP’s interpretation of the drawback statute and programming of its ACE Drawback Module led to an "absurd" rejection of substitution unused merchandise drawback eligibility for an importer of civil aviation equipment that disregards the basic structure of the tariff schedule, Spirit Aerosystems said in a March 24 motion for summary judgment at the Court of International Trade (Spirit Aerosystems v. U.S., CIT # 20-00094).
The Court of International Trade remanded the Commerce Department's decision not to use adverse facts available for Assan Aluminyum Sanayi ve Ticaret's billing adjustments in an antidumping duty investigation on common alloy aluminum sheet from Turkey, in a March 1 opinion made public March 8.
The Court of International Trade in a March 1 opinion made public March 8 sent back parts of the Commerce Department's antidumping duty investigation on common alloy aluminum sheet from Turkey, ruling the Commerce Department did not properly explain its decision not to use an adverse inference for its treatment of respondent Assan Aluminyum Sanayi ve Ticaret's billing adjustments. Judge Gary Katzmann also remanded the case, per Commerce's request, over the agency's duty neutral method for calculating Assan's duty drawback adjustment. Katzmann upheld Assan's duty drawback adjustment itself, Commerce's denial of a home market rebate adjustment to Assan and the agency's reliance on Assan's affiliated freight costs.
The Court of International Trade in a March 1 confidential opinion denied parts and granted parts of Assan Aluminyum Sanayi ve Ticaret's motion for judgment in a case concerning the antidumping duty investigation on common alloy aluminum sheet from Turkey, remanding aspects of the case to the Commerce Department. In a letter, Judge Gary Katzmann gave the litigants until March 7 to review the confidential information in the opinion (Assan Aluminyum Sanayi ve Ticaret v. United States, CIT # 21-00246).
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