The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP unlawfully applied 10% Section 301 duties to importer Shaw Industries Group's Chinese flooring entries, since the goods were subject to an exclusion from the tariffs, Shaw argued in an Aug. 29 complaint at the Court of International Trade (Shaw Industries Group v. United States, CIT # 21-00400).
The U.S. Court of Appeals for the Federal Circuit on Aug. 29 said President Donald Trump exceeded his authority under the International Emergency Economic Powers Act by imposing the reciprocal tariffs and tariffs on China, Canada and Mexico to combat the flow of fentanyl. Declining to address whether IEEPA categorically provides for tariffs, though spilling much ink on the topic, a majority of the court held that IEEPA doesn't confer unbounded tariff authority (V.O.S. Selections v. Donald J. Trump, Fed. Cir. #s 25-1812, -1813).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department failed to select more than one respondent in both the antidumping duty and countervailing duty investigations on solar cells from Thailand, the American Alliance for Solar Manufacturing Trade Committee argued last week in a pair of complaints. The alliance, which served as the petitioner for both investigations, said that Commerce failed to abide by U.S. Court of Appeals for the Federal Circuit precedent by not selecting more than one respondent where multiple companies are subject to the investigations (American Alliance for Solar Manufacturing Trade Committee v. United States, CIT #s 25-00165, -00167).
The Commerce Department improperly used the financial statements of Indonesian producer PT Suparma to set the surrogate financial ratios in the antidumping duty investigation on paper plates from Vietnam, since Suparma doesn't make merchandise comparable to respondent Go-Pak Paper Products Vietnam, the respondent argued. Filing a motion for judgment at the Court of International Trade on Aug. 28, Go-Pak said Commerce also erred in using a simple average of the average unit values for two different Harmonized Tariff Schedule subheadings to value its paper input, since its input only falls under one of the subheadings (Go-Pak Paper Products Vietnam Co. v. United States, CIT # 25-00070).
The U.S. Court of Appeals for the Federal Circuit on Aug. 29 said the president doesn't have unlimited tariff authority under the International Emergency Economic Powers Act. Seven of the court's 11 total justices presiding over the case affirmed the Court of International Trade's conclusion that President Donald Trump's reciprocal tariffs and tariffs on China, Canada and Mexico meant to combat the flow of fentanyl exceed the president's authority under IEEPA.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Importer HyAxiom prevailed in the Court of International Trade on Aug. 26 in its case regarding the classification of its PC50 supermodules. CIT Judge Timothy Stanceu held that the products are water gas generators, not electric generators or multifunctional machines.
Importer Cozy Comfort filed its opening brief at the U.S. Court of Appeals for the Federal Circuit on Aug. 25, arguing that the Court of International Trade was wrong to find that the company's product, The Comfy, is a pullover and not a blanket (Cozy Comfort v. United States, Fed. Cir. # 25-1889).