The Commerce Department's mandatory respondent selection process in a countervailing duty case on wood flooring resembled "Russian roulette" due to fundamental errors in the CBP data used to make the respondent picks, plaintiffs in a case at the Court of International Trade said in four briefs (Jiangsu Senmao Bamboo and Wood Industry Co., Ltd., et al. v. United States, CIT Consol. #20-03885).
The following lawsuits were recently filed at the Court of International Trade:
The Commerce Department's decision to grant byproduct offsets for an antidumping review respondent's fish oil and fish meal exports was backed by sufficient evidence, the Court of International Trade said in a Sept. 20 order. Judge Jennifer Choe-Groves also ruled that Commerce's determination that the Global Trade Atlas' (GTA) data was the best available to calculate a surrogate value for the two byproducts was properly supported.
The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:
Importer Triumph Engine Control Systems filed a Sept. 16 consent motion at the Court of International Trade to designate a tariff classification challenge on circuit card assemblies as a test case for four other of its lawsuits. Triumph believes the proper Harmonized Tariff Schedule subheading is 9032, while CBP says 8538 is the correct subheading for the assemblies. The other four cases -- CIT #19-00108, 19-00109, 19-00110 and 19-00130 -- deal with "merchandise and legal issues that are substantially identical," to those in the proposed test case, the motion said. The Justice Department consented to the test case motion (Triumph Engine Control Systems, LLC v. United States, CIT #19-00094).
The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:
The following lawsuits were recently filed at the Court of International Trade:
The Customs Rulings Online Search System (CROSS) was updated Sept. 9 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 are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:
Plaintiff Nucor Corp. ignored the "thorough explanation" that the Commerce Department gave in its remand results showing how the agency conducted its less-than-adequate remuneration (LTAR) analysis regarding the electricity market in South Korea, the U.S. said in a Sept. 7 reply brief. Further backing its remand at the Court of International Trade, the Department of Justice argued that Commerce's remand complies with the mandate issued by the U.S. Court of Appeals for the Federal Circuit by properly analyzing whether the Korean Electricity Corp. (KEPCO) recovered its costs of production plus a profit (POSCO, et al. v. United States, CIT #17-00137).