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.
The Customs Rulings Online Search System (CROSS) was updated Dec. 11-13 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:
A U.S. gun sights importer again argued in the Court of International Trade on Dec. 8 that its products should be classified under the tariff schedule as “apparatuses,” not as “light fittings,” because the latter provision didn't fully cover the sights’ use of ionizing radiation (Trijicon Inc. v. United States, CIT # 22-00040).
U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman argued against her colleagues' argument that Newman's case against their investigation into her fitness to continue serving on the bench was mooted. Filing a sur-reply at the U.S. District Court for the District of Columbia, the 96-year-old Newman said that her colleagues' voluntary cessation of an order indefinitely suspending the judge from hearing cases is "insufficient to moot the challenge," adding that the "complained-of conduct fits into the 'capable of repetition, yet evading review' exception to mootness" (The Hon. Pauline Newman v. The Hon. Kimberly Moore, D.D.C. # 23-01334).
A South Korean steel export company told the Court of International Trade that government intervention before and during its sale to new owners didn't constitute continuing government subsidies, saying the acquisition was still made at fair market value (KG Dongbu Steel v. U.S., CIT # 23-00055).
Colony Gums and Marine Hydrocolloids evaded an antidumping duty order on xanthan gum from China, CBP said in the final determination of an Enforce and Protect Act investigation. The agency said it found substantial evidence that the importers had transshipped Chinese-origin xanthan gum through India, necessitating the imposition of interim measures.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
A Chinese brick exporter alleged Dec. 4 at the Court of International Trade that the Commerce Department is illegally expanding the scope of its antidumping and countervailing duty orders on Chinese-imported magnesia carbon bricks (Fedmet Resources v. U.S., CIT # 23-00117).