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Commerce Drops Partial AFA, Sticks by Certain Surrogate Values in AD Remand at Trade Court
July 8, 2022 by Jacob Kopnick|Litigation

The Commerce Department submitted its remand results July 5 in an antidumping duty review challenge originally brought by Risen Energy Co. at the Court of International Trade. Commerce switched its positions on applying adverse facts available over unreported factors of production data -- reverting to neutral facts available -- and on how to value silver paste using Malaysian surrogate data. The agency stuck by its positions, though, on how to value backsheets and ethyl vinyl acetate (EVA) using surrogate data. The latter two positions remain contested by the plaintiffs, but they consented to Commerce's switch on the FOP data and silver paste (Risen Energy Co., et al. v. United States, CIT Consol. #20-03743).

Topics:Country of origin cases, Court of International Trade activity, Harmonized Tariff Schedule, Tariff classification rulings
Federal Circuit Issues Mandate in Case on Classification of Tobacco Wraps
June 30, 2022 by Jacob Kopnick|Litigation

The U.S. Court of Appeals for the Federal Circuit issued its mandate June 28 in a case on the tariff classification of tobacco wraps. In its May decision, the appellate court affirmed the Court of International Trade's ruling, which allowed into evidence the results of a particular customs test used to weigh the tobacco wraps. Importer New Image Global filed the case to fight for a lower excise tax on its tobacco wraps, which were classified as roll-your-own tobacco, subjecting them to the excise tax (New Image Global v. U.S., Fed. Cir. #19-2444).

Topics:CBP CROSS Rulings, Court of International Trade activity, Tariff classification rulings