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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Electrical cabinets specifically designed to be installed in power control rooms are eligible for drawback, CBP headquarters said in a recently released ruling that CBP issued in September. The ruling followed a request for further review by SMS USA LLC following the denial of its drawback claims.
The Customs Rulings Online Search System (CROSS) was updated Nov. 29 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):
Janssen Ortho and the government have signed a settlement agreement regarding the duty-free treatment of an active pharmaceutical ingredient imported by Janssen Ortho, according to an Oct. 17 motion asking the Court of International Trade to dismiss related cases. The Oct. 14 settlement agreement resolved all outstanding claims in the three cases and applied the Court’s final judgment from Janssen Ortho, LLC v. U.S., case number 13-00296, to all the relevant entries and drawback claims. In that case, the court ruled that darunavir ethanolate is properly classified under Harmonized Tariff Schedule of the U.S. subheading 2935.00.60 and eligible for duty-free treatment. The settlement preceded an Oct. 17 deadline ordered by CIT Judge Jennifer Choe-Groves, which would have required the company to refile its 13-00296 complaint if the parties could not come to a settlement agreement. Neither Janssen nor DOJ responded to requests for comment on the settlement.
The Customs Rulings Online Search System (CROSS) was updated Oct. 3 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):
Inconsistent documentation cost a manufacturer of plastic pallets, trays and lids duty-free treatment on returned items, CBP said in a June 13 HQ ruling addressed to the Automotive and Aerospace Center of Excellence and Expertise, directing it to deny a protest by ZF TRW Canada (ZF).