The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
USMCA
The U.S.-Mexico-Canada agreement is a free trade agreement between the three countries, also known as CUSMA in Canada and T-MEC in Mexico. Replacing the North American Free Trade Agreement (NAFTA) in 2020, the agreement contains a unique sunset provision where, after six years (in 2026), any of the three parties may decide not to continue the agreement in its current form and begin a period of up to 10 years where USMCA provisions may be renegotiated.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade should dismiss Canadian exporter J.D. Irving's challenge to antidumping duty cash deposit instructions filed under the court's "residual" jurisdiction since it is not a novel issue and claims can be pursued under Section 1581(c), the antidumping jurisdiction, DOJ said in an April 4 brief (J.D. Irving, Ltd. v. United States, CIT #21-00641).
The Court of International Trade remanded several elements of a case brought by Mexican exporter Building Systems de Mexico, in a March 21 opinion made public March 30 concerning the antidumping investigation into fabricated structural steel from Mexico covering entries in 2018. Judge Claire Kelly sent back elements of the Commerce Department's decision to use mandatory respondent Corey S.A.'s home market sales to explain why the agency rejected BSM's data for insufficient volume but relied on Corey's when it had less data, and to explain whether a particular sale was contracted for during the investigation period.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade should disregard DOJ's motion to dismiss Canadian exporter J.D. Irving's challenge to antidumping duty cash deposit instructions since an already initiated USMCA panel would not be able to apply the proper remedy, the exporter said in a March 14 reply brief. Though the USMCA panel is reviewing the same legal issue raised at CIT, the relief available differs in that the USMCA panels do not have the power to issue an injunction, J.D. Irving said (J.D. Irving Limited v. United States, CIT #21-00641).
The Customs Rulings Online Search System (CROSS) was updated on March 7 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):
A Canadian exporter's challenge of antidumping cash deposit instructions should be dismissed since the company can obtain a review of the cash deposit rate through an already initiated USMCA panel review, DOJ said in a March 4 brief. What the exporter, J.D. Irving, really wants is to not pay current cash deposits at the current rate, DOJ told the Court of International Trade. Even if the court finds it does have jurisdiction over the cash deposit instructions, the case still should be dismissed since the payment of cash deposits doesn't establish standing since it isn't an injury, DOJ said (J.D. Irving Ltd. v. United States, CIT #21-00641).
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 on March 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):