Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The Customs Rulings Online Search System (CROSS) was updated Jan. 18-19 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):
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The Court of International Trade upheld the Commerce Department's decision to accept antidumping duty respondent Oman Fasteners' supplemental questionnaire response after initially rejecting it for being submitted 16 minutes late. Judge M. Miller Baker, in a Jan. 5 opinion made public Jan. 16, nodded to his prior opinion in the case, in which he held that the rejection of the submission was "the very definition of abuse of discretion" (see 2307170036). The result was a zero percent dumping margin for the exporter.
Steel nail importer Hilti dismissed its case at the Court of International Trade following the Supreme Court's decision not to review a case on President Donald Trump's expansion of Section 232 duties onto steel and aluminum "derivative" products. The high court's decision marked the sixth time the court has declined to address whether Trump legally expanded the duties beyond procedural deadlines (see 2401080037). Hilti stayed its case pending resolution of the case rejected by the Supreme Court (Hilti, Inc. v. United States, CIT # 21-00216).
Solar panel exporters, led by the Solar Energy Industries Association, urged the U.S. Court of Appeals for the Federal Circuit to rehear their case on President Donald Trump's decision to revoke a Section 201 tariff exclusion on bifacial solar panels (Solar Energy Industries Association v. U.S., Fed. Cir. # 22-1392).
The Court of International Trade in a Jan. 5 opinion made public Jan. 16 sustained the Commerce Department's remand results reversing the use of adverse facts available against exporter Oman Fasteners for filing submitted 16 minutes late. The result is a zero percent margin for the company as part of the sixth antidumping review on steel nails from Oman. Judge M. Miller Baker upheld Commerce's use of Oman Fasteners' quarterly costs and not annual costs in calculating the company's cost of production, as well as its decision not to deduct Section 232 steel and aluminum duties from the U.S. price for all of Oman's entries.
Home Depot on Jan. 10 dropped its lawsuit in the Court of International Trade challenging the president's authority to expand Section 232 national security tariffs beyond procedural deadlines. The U.S. Supreme Court this week denied a petition for writ of certiorari from steel nail maker Oman Fasteners, marking the sixth time the court has declined to address whether President Donald Trump legally expanded Section 232 duties on steel and aluminum derivatives (see 2401080037). Counsel for Home Depot confirmed in an email that its case was abandoned following the Supreme Court's most recent rejection (Home Depot USA v. U.S., CIT # 22-00014).
The Customs Rulings Online Search System (CROSS) was updated Jan. 2 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):
An importer's entries are subject to Section 232 tariffs because the vessel arrival date transmitted in ACE by the ship's captain came after the tariffs took effect on June 1, 2018, despite the importer's claim -- backed by different documentation -- that the goods actually arrived in port and had a date of entry prior to that date, CBP said in a recent ruling.