The Court of International Trade in an Oct. 20 opinion granted exporter Midwest-CBK's motion to ditch its case on whether sales from a Canadian warehouse to U.S. customers are sales for export to the U.S. or domestic sales. Following a prior CIT ruling finding that the company's imports are sales "for exportation to the United States" and that the goods were not deemed liquidated, the case shifted to how to value the goods.
Country of origin cases
The Court of International Trade on Oct. 20 granted Canadian exporter Midwest-CBK's motion to dismiss its case on whether its sales from a Canadian warehouse to U.S. customers are "sales for export to the U.S." or "domestic sales." Following a prior CIT ruling finding that the company's sales are for export to the U.S., the case shifted to a question of how to value the goods. Midwest-CBK said that obtaining evidence on this question is impossible given its business model, moving to dismiss the case to pursue its original argument at the U.S. Court of Appeals for the Federal Circuit.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP Withholding Communications on Past Classification Decisions, Importer Argues in Motion to Compel
The government should be ordered to produce unredacted documents for inspection by the judge and be ordered to disclose additional statements not reflecting protected deliberations in a case concerning the classification of intelligent window shade machines, Lutron Electronics said in its Oct. 13 motion to compel at the Court of International Trade. Lutron is seeking information related to former CBP employees and communications regarding decision-making in the classification process. Lutron said it fulfilled its obligation in attempting to resolve the dispute in good faith before filing its motion (Lutron Electronics v. U.S., CIT # 22-00264).
The Commerce Department made no changes to subsidy rates calculated for the countervailing duty investigation of phosphate fertilizers from Russia, according to remand results it submitted to the Court of International Trade on Oct. 11 (The Mosaic Company v. U.S., CIT # 21-00117).
Trade lawyers and importers are wondering how the anti-stockpiling element of a two-year pause on trade remedy circumvention deposits will be enforced.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Canadian exporter Midwest-CBK filed a consent motion seeking to dismiss its case on whether sales from a Canadian warehouse to U.S. customers are "sales for export to the U.S." or "domestic sales." The exporter said it "will not be able to provide further evidence" on the second phase of the litigation, which "would allow for determination of a dutiable value based on the "[Free on Board] Buffalo, New York" prices at which the company sold its imports to its U.S. customers. The company wants the issue resolved so it can "further the case's other issues on appeal" (Midwest-CBK v. U.S., CIT # 17-00154).
The Commerce Department didn't properly support its de jure specificity finding regarding a Chinese tax program that makes a resident enterprise's income derived from investment gains in another resident enterprise tax-exempt, the Court of International Trade ruled in an Oct. 11 opinion. Judge Jane Restani said the program, established under Article 26(2) of China's Enterprise Income Tax Law, is not tied to a specific enterprise or industry and thus fails the specificity analysis.