Industrial shredders imported by Vecoplan are classifiable as grinding and crushing tools under the Harmonized Tariff Schedule because the shredding operations break down material into small fragments and reduce the size of material by means of impacting the waste material, the importer argued in a March 15 motion (Vecoplan v. United States, CIT # 20-00126).
CBP correctly classified a supermodule for use in hydrogen fuel-cell powerplants as parts of electric generators rather than as a water gas generator, DOJ argued in a March 15 motion at the Court of International Trade (HyAxium v. United States, CIT # 21-00057).
The Court of International Trade should sustain the Commerce Department's remand results after the agency further explained its surrogate value selection for coal-based carbonized materials and the financial statements used to calculate the surrogate financial ratios in the 2018-19 antidumping review on activated carbon, both DOJ and defendent-intervenors told CIT in separate responses submitted March 1 (Carbon Activated Tianjin Co. v. U.S., CIT # 21-00131).
Frozen risottos are classified as pre-cooked foods under Harmonized Tariff Schedule of the United States heading 1904, even though the risottos are only par-cooked and require more cooking by the consumer, CBP said in a recently released headquarters ruling. Though the importer argued for classification as food preparations of HTS heading 2106, CBP said foods may be considered pre-cooked if they require up to 12 minutes of additional cooking time, and the frozen risottos only require cooking for two to seven minutes more, CBP said in HQ H325964.
The Court of International Trade in a Feb. 17 opinion set aside a March 2022 decision in a customs spat over reimported swimsuits to hear an additional argument from the U.S., though the court ultimately reached the same conclusion.
The Court of International Trade erred by relying on information not presented to the Commerce Department in a scope case, misinterpreting the International Trade Commission's findings in the original injury proceeding and mischaracterizing statements in other ITC cases, appellant Wheatland Tube Co. argued in a Feb. 3 reply brief at the U.S. Court of Appeals for the Federal Circuit. Exporter Saha Thai Steel Pipe's arguments supporting the CIT's analysis "are unpersuasive," since they ignore the plain language of the relevant antidumping duty order, the brief said (Saha Thai Steel Pipe Public Company v. United States, Fed. Cir. # 22-2181).
The following lawsuit was recently filed at the Court of International Trade:
The Court of International Trade in a Dec. 20 opinion made public Jan. 4 upheld the Commerce Department's remand results in a case involving the 2017-18 administrative review of the antidumping duty order on solar cells from China. In its remand results, Commerce changed how it determined surrogate values for silver paste, a solar cell input, while revising its use of adverse facts available, choosing to use partial neutral facts available. The agency stuck by its positions, however, on which surrogate values to use for backsheet and ethyl vinyl acetate (EVA). Judge Claire Kelly found these positions to be reasonable.
Importer Kyocera Document Solutions America will get refunds on Section 301 duties paid for its printer maintenance kits that were granted a tariff exclusion by the Office of the U.S. Trade Representative. The importer filed a stipulated judgment at the Court of International Trade on an agreed set of facts, which say that the maintenance kits, liquidated under Harmonized Tariff Schedule subheading 8443.99.2050 and assessed Section 301 tariffs under secondary subheading 9903.88.01, fit under the exclusion.
The Court of International Trade on Dec. 21 upheld the Commerce Department's pick of Brazil as the main surrogate country in an antidumping duty investigation on wood moldings and millwork from China. After clarifying the controlling question of the case is whether a "reasonable mind" could conclude that Commerce chose the best available information, Judge Gary Katzmann sustained the agency's pick of Brazil over Malaysia.