The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Country of origin cases
The U.S. and Kevin Ho, owner and director of importer Atria, have agreed to try and resolve a customs penalty action via stipulated judgment and are now working to negotiate a number Ho will pay, the parties said in a Sept. 16 status report. The development comes after Ho pleaded guilty in a parallel criminal proceeding in which he was sentenced to 18 months in prison (United States v. Chu-Chiang "Kevin" Ho, CIT # 19-00038).
The Court of International Trade on Sept. 18 sustained the Commerce Department's decision on remand to use a weighted average to set the antidumping rate for the non-individually examined respondents in the 2016-17 review of the AD order on multilayered wood flooring from China. The agency weight averaged the zero and adverse facts available rates given to the two mandatory respondents. Judge Richard Eaton said Commerce "followed the court's instructions on remand" by using a weighted average, which represents the "expected method" for determining the separate rate. The result was a 31.63% AD rate for the companies -- down from the original 42.57%.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Importer Worldwide Distribution dropped its bid to participate in an appeal of an antidumping duty review after failing to file a notice of appeal. The U.S. Court of Appeals for the Federal Circuit had asked the company whether it sought to take part in the case as an appellant, and, if so, what the court's jurisdiction is over such an appeal (Sahamitr Pressure Container v. U.S., Fed. Cir. # 24-2043).
A group of cabinet importers, led by ACProducts, filed a pair of complaints at the Court of International Trade on Sept. 16 contesting the Commerce Department's final scope rulings on wooden cabinets further processed in Vietnam and Malaysia. The six-count complaints contested Commerce's decision to open the inquiries and claimed that the scope rulings expanded the scope of the antidumping and countervailing duty orders on wooden cabinets from China beyond their plain-language scope to include "semi-finished components" (ACProducts v. United States, CIT #'s 24-00155, -00156).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Antidumping duty petitioner Daikin America on Sept. 9 opposed the Commerce Department's remand results finding it wasn't feasible for respondent Gujarat Fluorochemicals to report its movement expenses on a transaction-specific basis. Daikin said the agency wrongfully said Gujarat's grade-based allocation was as specific as it could be and didn't cause "inaccuracies and distortions" (Daikin America v. United States, CIT # 22-00122).
U.S. seafood seller Luscious Seafood argued on Sept. 13 that the Commerce Department misinterpreted the statute when it found that the company didn't qualify as a bona fide wholesaler of the domestic like product. As a result of its finding, Commerce found Luscious' request for administrative review of the antidumping duty order on frozen fish fillets from Vietnam invalid (Luscious Seafood v. United States, CIT # 24-00069).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: