The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Exporter Shanghai Tainai Bearings Co. and importer C&U Americas will appeal a Court of International Trade decision sustaining the Commerce Department's use of neutral facts available against Tainai in the 33rd review of the antidumping duty order on tapered roller bearings from China. The court said Tainai's cooperation in the reviews raised questions about how "aggressively" it sought to gain the cooperation of its unaffiliated suppliers, though these questions didn't translate into the use of adverse facts available (see 2412180036). The court also upheld Commerce's practice of excluding additional revenue Tainai collected in connection with its payment of Section 301 duties from the company's U.S. price (Shanghai Tainai Bearing Co. v. United States, CIT Consol. # 22-00038).
Importer Northern Tool & Equipment Co. dropped its customs suit at the Court of International Trade, which contested the classification of its agricultural sprayers. CBP liquidated the goods under Harmonized Tariff Schedule subheadings 8424.49.0000 and 8424.41.1000, dutiable at 2.4% and free of duty, respectively, and secondary subheading 9903.88.03, which carries a 25% Section 301 duty. The importer claimed that the goods should fall under subheading 9817.00.5000, free of duty. Counsel for Northern Tool didn't immediately respond to request for comment (Northern Tool & Equipment v. United States, CIT # 22-00197).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Customs Rulings Online Search System (CROSS) was updated between Jan. 19 and Jan. 23 with the following headquarters ruling (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 following lawsuits were recently filed at the Court of International Trade:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Responding to U.S. opposition to its summary judgment motion, importer Mitsubishi Power Americas said Jan. 17 that the government “proffered nothing to dispute” expert testimony that shows its products are neither filters nor purifiers and misunderstood the way they actually work (Mitsubishi Power Americas v. U.S., CIT #21-00573).
Regulatory attorney Brett Shumate left his position as partner at Jones Day on Jan. 17, the firm said in a notice to the Court of International Trade. Shumate had appeared as counsel for various companies in the massive Section 301 litigation before the trade court. Shumate joined Jones Day as a partner in 2019 after serving as the deputy assistant attorney general for the federal programs branch in DOJ's civil division.