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 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 Aug. 4 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):
Commerce did not have the right to institute an administrative review of an antidumping duty case while the underlying order was provisionally revoked, Goodluck India said during an Aug. 1 oral argument at the Court of International Trade. In response to questions from Judge Gary Katzmann, the central issue in the suit shifted from whether Commerce lawfully ordered liquidation at a rate vacated at the time of entry to whether the agency had the right to start a review of Goodluck while the AD order was provisionally revoked, pending appeal (Goodluck India v. U.S., CIT # 22-00024).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. Court of Appeals for the Federal Circuit issued an errata in its Royal Brush Manufacturing v. U.S. opinion. The court removed the word "not" from the sentence that originally read, "The government nonetheless argues that confidential business information cannot not be disclosed absent a statute or regulation authorizing a protective order." In the opinion, the appellate court said that CBP violated importer Royal Brush's due process rights by failing to provide it access to business confidential information in an Enforce and Protect Act proceeding (see 2307270038).
The Supreme Court of the U.S., in an Aug. 1 order, granted the government's bid for an additional month to reply to importer PrimeSource Building Products' petition for a writ of certiorari on President Donald Trump's expansion of Section 232 duties onto steel and aluminum "derivatives." The government's reply will now be due Sept. 25, instead of Aug. 24 as originally planned. The government said its heavy case load warranted the delay.
A recently concluded case at the Court of International Trade was a serious contest between the power of the court and the finality of liquidation, customs lawyer Larry Friedman of Barnes Richardson said in an Aug. 2 blog post. The case at issue was Target v. U.S., in which Target attempted to reverse a reliquidation order on improperly liquidated ironing tables from China (see 2108160028). Reversing the order would "elevate the principle of finality" of liquidation over the power of the trade court, Judge Leo Gordon said in his July opinion (see 2307200049).
The Court of International Trade erred when it signed off on the Commerce Department's refusal to conduct a full administrative review of and apply adverse facts available to exporter Jin Tiong Electrical Materials Manufacturer despite issuing a questionnaire, importer Repwire and Jin Tiong said in an Aug. 3 opening brief at the U.S. Court of Appeals for the Federal Circuit (Repwire v. United States, Fed. Cir. # 23-1933).
Andrew Adams, the DOJ attorney at the head of Task Force KleptoCapture -- the interagency body charged with enforcing U.S. sanctions on Russia -- left the department, he said on his LinkedIn page. Adams will return to his role as assistant U.S. attorney for the Southern District of New York, which he originally assumed in 2013. He was appointed to lead the task force in March of last year after leading the SDNY Attorney's Office's Money Laundering and Transnational Criminal Enterprises Unit. Bloomberg reported that Adams will be replaced by Michael Khoo and David Lim, both of whom have worked in the task force since its early days. DOJ didn't comment.