The Court of International Trade on April 22 sent back the Commerce Department's decision not to attribute subsidies received by lumber suppliers to respondents in an expedited countervailing duty review on Canadian softwood lumber. Judge Mark Barnett said that if Commerce continues to find that the respondents are the producers of the subject lumber, the agency must reconsider its decision to require an upstream subsidy allegation for lumber purchases within the class of covered merchandise.
Country of origin cases
Importer MKI Enterprise Group, doing business as Winbo USA, filed a complaint at the Court of International Trade on April 22 to contest CBP's denial of a Section 301 exclusion for its entries of "steel side protective attachments for motor vehicles, specifically side bars, fern bars, and bars" from China (MKI Enterprise Group v. United States, CIT # 22-00131).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Alpinestars, an Italian exporter of motorcycle safety apparel, brought a short complaint to the Court of International Trade on April 18 (Alpinestars, SPA v. U.S., CIT # 11-00007).
The Court of International Trade on April 19 sent back the Commerce Department's pick of Brazil as the primary surrogate country, and the use of Brazilian and Malaysian surrogate value data, in the 2019-20 review of the antidumping duty order on multilayered wood flooring from China. After already remanding once for Commerce's failure to cite evidence in making its surrogate choices, Judge Jennifer Choe-Groves said she "must now remand again for the same failure."
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 April 18 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):
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Parties in a customs case on the classification of human interface controllers will tell the Court of International Trade by May 20 if they will proceed with the case under "summary judgment motions or request for a trial," Judge Timothy Stanceu said in an April 16 order, noting that a status conference won't be held April 19 as originally planned. Importer Robert Bosch brought suit in 2020 to contest CBP's classification of the controllers under Harmonized Tariff Schedule subheading 8473.70.9900, dutiable at 2.6% (see 2303090055) (Robert Bosch v. U.S., CIT # 20-00028).
The Court of International Trade on April 17 said that after the Commerce Department decided to continue an antidumping duty investigation on Mexican tomatoes initially paused in 1996, it must use the original investigation period, 1995-96, and not the later period of 2018-19. Judge Jennifer Choe-Groves ruled that the statute and congressional intent are clear that when Commerce resumes a suspended AD investigation, it must stick with the original investigation period.