The Commerce Department legally found that the Korean government didn't provide a countervailable benefit through its provision of electricity to respondents in the countervailing duty investigation on carbon and alloy steel cut-to-length plate from South Korea, the U.S. Court of Appeals for the Federal Circuit ruled Oct. 23. Judges Raymond Chen, Todd Hughes and Tiffany Cunningham said Commerce sufficiently carried out a less-than-adequate-remuneration (LTAR) analysis after its original preferential rate analysis fell short before the appellate court in 2019.
The World Trade Organization's published agenda for the Dispute Settlement Body's Oct. 26 meeting includes U.S. status reports on the implementation of DSB recommendations on: antidumping measures on certain hot-rolled steel products from Japan; antidumping and countervailing measures on large residential washers from South Korea; certain methodologies and their application to antidumping proceedings involving China; and Section 110(5) of the U.S. Copyright Act. Status reports also are expected from Indonesia on measures related to the import of horticultural products, animals and animal products, and from the EU on measures affecting the approval and marketing of biotech products.
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.
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: