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:

Greek exporter Corinth Pipeworks Pipe Industry had "multiple opportunities" to submit the proper reconciliation information in an antidumping duty review "but refused to do so," justifying the Commerce Department's decision to impose adverse facts available, the U.S. government told the U.S. Court of Appeals for the Federal Circuit last week (Corinth Pipeworks Pipe Industry v. United States, Fed. Cir. # 23-2094).

Turkish duties on a host of U.S. products in retaliation for President Donald Trump's Section 232 steel and aluminum tariffs violate World Trade Organization commitments, a WTO dispute panel ruled Dec. 19. The panel said the duties violate articles I and II of the 1994 General Agreement on Tariffs and Trade and also found that the Section 232 duties are not "safeguards."

The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:

Solar panel exporters are hoping to extend the deadline to file a petition for reheraing en banc with the U.S. Court of Appeals for the Federal Circuit in a case on whether President Donald Trump legally revoked a Section 201 tariff exclusion on bifacial solar panels. Asking the court for 14 more days to file the petition, the exporters, led by the Solar Energy Industries Association, said "good cause" exists for the extension (Solar Energy Industries Association v. United States, Fed. Cir. # 22-1392).

The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:

The Commerce Department "ignores critical facts" in its threshold for differentiating between different pasta types in an antidumping duty review, exporter La Molisana said in a Dec. 13 reply brief brief (La Molisana v. United States, Fed. Cir. # 23-2060).

The Court of International Trade in a Dec. 14 opinion granted the government's request for a voluntary remand in a duty evasion case on hardwood plywood from China in light of two recent judicial opinions. One decision saw the Commerce Department reverse course on whether exporter Vietnam Finewood Co.'s goods are subject to the antidumping and countervailing duty orders, while the other said it was illegal for CBP not to give parties to Enforce and Protect Act actions access to business confidential information.

The U.S. Court of Appeals for the Federal Circuit issued its mandate in a case on the countervailing duty investigation on carbon and alloy steel cut-to-length plate from South Korea. In its opinion, the appellate court upheld the Commerce Department's finding that the Korean government didn't provide a countervailable benefit through its provision of electricity to respondents (see 2310230013). Commerce sufficiently carried out a less-than-adequate-remuneration analysis after the court rejected its original preferential rate analysis in 2019 (POSCO v. U.S., Fed. Cir. # 22-1525).

Multiple types of furniture imported by Moe’s Home Collection are covered by the antidumping duty order on wooden bedroom furniture from China, Commerce said Nov. 22 in a scope ruling.