U.S. importer CVB filed a complaint March 8 at the Court of International Trade claiming that the Commerce Department wrongly excluded importer Zinus' metal and wood platform beds from the antidumping duty order on wooden bedroom furniture from China (CVB v. U.S., CIT # 24-00036).
A petitioner in antidumping and countervailing duty cases on chassis from China that later began to import vehicle chassis from Vietnam said the Commerce Department was misapplying the scope of its orders on Chinese chassis from China that it itself had requested (Pitts Enterprises, Inc. v. U.S., CIT # 24-00030).
The Customs Rulings Online Search System (CROSS) was updated March 4 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):
CBP didn't prematurely suspend liquidation of two entries prior to the beginning of an Enforce and Protect Act investigation, the agency said in a newly released ruling. The ruling, dated Jan. 3, denied a protest from Crude Chem Technology, which had argued that CBP was required by law to extend liquidation on the entries, not suspend it.
Three importers said in combined remand comments that CBP was attempting to illegally shift the burden of proof onto them to prove they weren't guilty of evasion under the Enforce and Protect Act (Newtrend USA Co. v. U.S., CIT # 22-00347).
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The Court of International Trade on March 1 rejected importer Diamond Tools Technology's request for attorney fees in its suit challenging CBP's finding that the company evaded the antidumping duty order on diamond sawblades from China. Judge Timothy Reif said that since the case presented two issues of "first impression," the government's position was "substantially justified."
The Court of International Trade on March 1 denied importer Diamond Tools Technology's application for attorney fees in an Enforce and Protect Act lawsuit, finding that "the government was justified in litigating its position" regarding the finding of evasion since the "underlying legal issues were ones of first impression." The issues of whether CBP is bound by the timeline created by the Commerce Department's start of a circumvention inquiry and whether the importer made a "material and false statement or act, or material omission" under EAPA were both novel questions.
CBP imposed interim restrictions on an importer without informing it of an ongoing Enforce and Protect Act investigation, then put partly confidential information on the record without notice so that the importer couldn’t rebut it, that importer said in a Feb. 26 complaint at the Court of International Trade (Superior Commercial Solutions LLC v. U.S., CIT # 24-00052).
CBP announced an Enforce and Protect Act investigation saying there is reasonable suspicion that several companies evaded the antidumping and countervailing duty orders on mattresses from China and Vietnam. The companies are Beanomy, IYEE Nature, Kelanch, Wakodo Household Supply, Xinshidian Trading, Zevoky, Kakaivy, Weekaly, Heniddy, Ryan James Engineering, Sunwind Trading and Anlowo. The agency said this finding made the enactment of interim measures necessary.