The Commerce Department erred when it weight-averaged reported raw material premium costs (DIRMATMP) for all control numbers (CONNUMs) because that distorts their costs, antidumping duty respondent Assan Aluminyum Sanayi said in a Jan. 4 complaint at the Court of International Trade. The respondent further argued against Commerce's decisions to deduct the amount of Section 232 duties paid from its U.S. price, limit Assan's full duty drawback adjustment and treat certain management fees as indirect selling expenses (Assan Aluminyum Sanayi ve Ticaret v. U.S., CIT #21-00616).
The Commerce Department properly denied antidumping duty respondent Icdas a duty drawback adjustment due to the fact that the respondent gave no evidence that its Inward Processing Certificates (i.e., requests to gain the drawback) were closed, the Department of Justice told the Court of International Trade in a Dec. 30 brief. DOJ argued that the denial doesn't cut against past practice, and even if it did, would be a reasonable position to hold (Icdas Celik Enerji Tersane ve Ulasim Sanayi v. U.S., CIT #21-00306).
The Commerce Department was wrong to deny antidumping duty review respondent Noksel's claimed duty drawback adjustment due to the fact that its inward processing certificate (IPC) wasn't closed, plaintiff Noksel Celik Borun Sanayi told the Court of International Trade in a Dec. 23 brief. Noksel argued that it properly demonstrated that it qualifies for the full duty drawback adjustment since all imports and exports under the IPC have been completed and it is no longer permitted by the Turkish government to add import or export information (Noksel Celik Boru Sanayi A.S. v. U.S., CIT #21-00140).
The Customs Rulings Online Search System (CROSS) was updated Dec. 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 following lawsuits were recently filed at the Court of International Trade:
Commerce improperly applied a duty drawback adjustment to a Turkish aluminum exporter’s antidumping duty rate, because the imports the exporter used to claim drawback could not be used to make the exported merchandise, the Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement Working Group said in a brief filed Nov. 23 in support of its motion for judgment in the case (Assan Aluminiyum Sanayi ve Ticaret A.S. v. U.S., CIT # 21-00246).
Three Court of International Trade cases filed by Janssen Ortho should be assigned to Judge Jennifer Choe-Groves and stayed, Janssen argued in an Oct. 27 brief at CIT now that the U.S. Court of Appeals for the Federal Circuit has issued its opinion in the appeal. In April, the Federal Circuit upheld Choe-Groves' decision that the active pharmaceutical ingredient imported by Janssen in one of its HIV medications was eligible for duty-free treatment (see 2104260034). The API was darunavir ethanolate (Janseen Ortho LLC v. United States, CIT #13-00052, #14-00094, #14-00198).
The U.S. Court of Appeals for the Federal Circuit issued its mandate on Oct. 14 in a case affirming the Court of International Trade's rejection of excise tax drawback regulations. The Aug. 23 opinion held that CBP cannot limit the amount of drawback that can be claimed on excise taxes, finding that the CBP regulation defied the "clear intent of Congress" (see 2108230036). The decision struck down a 2018 rule that was issued as part of a broader overhaul of drawback regulations following the Trade Facilitation and Trade Enforcement Act of 2015 (The National Association of Manufacturers, et al. v. Department of the Treasury, et al., CIT #19-00053).
The Customs Rulings Online Search System (CROSS) was updated Sept. 24 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):
If the Commerce Department is to deduct Section 232 national security tariffs from exporter Noksel Celik Boru Sanayi's U.S. price in an antidumping duty rate calculation, it should do it at the original 25% rate and not the increased 50% margin subsequently announced by President Donald Trump and later invalidated by the Court of International Trade, the plaintiff said in a Sept. 3 CIT brief at the Court of International Trade (Noksel Celik Boru Sanayi A.S. v. United States, CIT #21-00140).