The Court of International Trade should rehear its decision on whether a Warehousing Agreement between two related companies sufficed as a lease or similar use agreement since it failed to address one of the U.S.'s arguments that the two entities are not separate but merely a single entity, DOJ argued in an April 20 motion for rehearing (SGS Sports v. United States, CIT #18-00128).
Mixes of frozen fruits should be classified as food preparations of heading 2106, rather than in the heading in Chapter 8 for fruit deemed to impart the mixture's essential character, an importer said in a motion for summary judgment filed with the Court of International Trade April 18 (Nature's Touch Frozen Foods (West) Inc. v. United States, CIT #20-00131).
The Commerce Department reversed course on 45 Section 232 steel and aluminum tariff exclusion bids, granting the requests on remand at the Court of International Trade. Submitting the results of its voluntary remand request in an April 18 submission, Commerce's Bureau of Industry and Security granted importer Mirror Metals' exclusion requests, finding that the bids should be granted after looking at whether the relevant steel article could be made at a sufficient level in the U.S. (Mirror Metals v. United States, CIT #21-00144).
The Customs Rulings Online Search System (CROSS) was updated April 15 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 Customs Rulings Online Search System (CROSS) was updated April 12 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:
The Commerce Department should not have tapped Malaysia as the primary surrogate country in an antidumping duty review, plaintiff-appellants, led by Carbon Activated Tianjin Co., said in an April 7 opening brief at the U.S. Court of Appeals for the Federal Circuit. The appellants said that after the Court of International Trade invalidated Commerce's basis for picking Malaysia, the agency "advanced meritless bases" to keep its pick and that Romania figures to be the better choice (Carbon Activated Tianjin Co. Ltd. v. United States, Fed. Cir. #22-1298).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade, in an April 4 opinion made public April 12, sustained parts and sent back parts of the Commerce Department's final results in the 2017-2018 administrative review of the antidumping duty order on solar cells from China. Judge Claire Kelly upheld Commerce's pick of Malaysia as the primary surrogate country and the calculation of surrogate financial ratios. However, the judge remanded Commerce's decision to value silver paste using Malaysian import data, value mandatory respondent Risen Energy Co.'s ethyl vinyl acetate and backsheet, and use partial adverse facts available to value missing factor of production data, as well as the conduct of its separate rate calculation.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: