The Commerce Department assigned exporter Double Coin Holdings the 105.31% China-wide dumping rate in its June 15 remand results filed in a suit on an administrative review of the antidumping duty order on off-the-road tires from China. The trade court previously remanded the case so that Commerce could hit the company with the China-wide rate after finding that Double Coin failed to rebut the presumption of government control (China Manufacturing Alliance v. United States, CIT # 15-00124).
Country of origin cases
The Court of International Trade on June 14 granted importer Maple Leaf Marketing's bid to redesignate the U.S.'s counterclaim as a defense in a customs spat on the classification of boronized steel tubing. Dismissing Maple Leaf's bid to dismiss as moot, Judge Claire Kelly cited the court's Cyber Power Systems (USA) v. U.S. decision to find that nowhere in Congress' scheme on the classification of goods does the legislative body explicitly let the U.S. "assert a counterclaim challenging CBP's classification."
The Commerce Department may still use single respondents in antidumping and countervailing duty investigations, despite a recent U.S. Court of Appeals for the Federal Circuit ruling that found fault with the practice in one proceeding, a Justice Department attorney said during Georgetown Law's Annual International Trade Update conference on June 13.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Hemp wraps for use with non-tobacco legal herbal smoking mixtures are classifiable as "other" vegetable products, CBP said in a recently released ruling. The ruling came in response to an internal advice request, originally initiated over imports of wraps by Crown Distributing. The wraps were described by the requester as lacking tetrahydrocannabinol (THC) and were intended for use only with non-tobacco legal herbal smoking mixtures.
The Court of International Trade granted three conservation groups' bid to dismiss a suit seeking to compel the Interior Department to respond to a request to certify Mexico had not done enough to curb illegal fishing and trade of the totoaba fish, further threatening the endangered vaquita porpoise. The conservation groups and Interior reached a settlement in April, under which the agency made the certification, which allows the president to impose restrictions on trade with Mexico.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Trailer wheels manufactured by Asia Wheel in Thailand were incorrectly ruled to be within the scope of antidumping and countervailing duty orders on certain steel wheels from China, U.S. importers Trailstar and TexTrail said in a pair of June 9 complaints at the Court of International Trade. Both complaints asked the court to find Commerce's final scope ruling illegal and to remand the ruling to the department (Trailstar v. U.S., CIT # 23-00097, and Textrail v. U.S., CIT # 23-00099).
The Commerce Department made no changes its margin calculations for antidumping respondent Zinus Indonesia in its June 9 remand results an a case involving an administrative review on mattresses from India, with the agency saying that it fully addressed the Court of International Trade's remand order in the case and was not required to change its calculations if it fully explained its choices (PT. Zinus Global Indonesia v. U.S., CIT # 21-00277).
The Commerce Department unlawfully expanded the scope of antidumping and countervailing duty orders on magnesia alumina carbon bricks (MAC bricks) from China in a covered merchandise inquiry during an Enforce and Protect Act remand investigation regarding Fedmet's importation of MAC bricks, Fedmet argued in a June 12 complaint at the Court of International Trade (Fedmet Resource Corporation v. U.S., CIT # 23-00117).