The Customs Rulings Online Search System (CROSS) was updated April 5 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):
Country of origin cases
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
In April 3 oral arguments before the U.S. Court of Appeals for the Federal Circuit, the government said that the 1930 Tariff Act was recently amended to “explicitly not require” the Commerce Department to show that an exporter’s rate reflects its commercial reality (Pro-Team Coil Nail Enterprise v. U.S., Fed. Cir. # 22-2241).
In choosing a second mandatory respondent for a nearly 5-year-old Chinese passenger vehicle and light truck tires antidumping review and removing separate status from four other exporters that refused to participate, the Commerce Department fully complied with a 2023 Court of International Trade remand order (see 2302020032), the government said April 2 (YC Rubber Co. (North America) v. U.S., CIT # 19-00069).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Court of International Trade Judge Gary Katzmann heard oral arguments April 1 in an Australian hot-rolled steel exporter’s challenge of an International Trade Commission's decision in an injury investigation to cumulate that exporter’s products with merchandise from other countries. The exporter argues that it also has invested $2.5 million into a U.S. manufacturing plant, so it has no incentive to injure its own domestic market (BlueScope Steel v. U.S., CIT # 22-00353).
Countervailing duty petitioner Rebar Trade Action Coalition opened its case at the U.S. Court of Appeals for the Federal Circuit against the Commerce Department's decision on remand finding that shipbuilding company Nur Gemicilik ve Tic, an affiliate of respondent Kaptan Demir, is not Kaptan's cross-owned input supplier. Filing an opening brief on April 2, the petitioner said that Commerce originally got it right in cross-attributing Nur's subsidies to Kaptan in the 2018 CVD review on rebar from Turkey (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, Fed. Cir. # 24-1431).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
NEW YORK -- In a marathon four-and-a-half hour oral argument session last week, Court of International Trade Judge Stephen Vaden sharply questioned the International Trade Commission's redaction process in an injury proceeding on phosphate fertilizers (OCP v. United States, CIT Consol. # 21-00219).
CBP announced a new Enforce and Protect Act investigation, saying it has reasonable suspicion that VY Industries, a Canada-based company and U.S. distributor, evaded the antidumping and countervailing duty orders on wire coated coil nails from China. The agency said this finding made the enactment of interim measures necessary.