The Court of International Trade recently upheld the Commerce Department's finding that exporter Shantou Red Garden Food Processing Co. (Shantou Processing) was not the successor-in-interest to Red Garden Food Processing Co. (Red Garden), which subjected the exporter to antidumping duties on frozen warmwater shrimp from China.
Country of origin cases
Turkish exporter Eregli Demir ve Celik Fabrikalari's complaint challenging the International Trade Commission's decision not to institute a changed circumstances review of the antidumping duty order on hot-rolled steel flat products from Turkey should be dismissed because it's moot after the ITC subsequently decided to conduct a sunset review, the U.S. and five U.S. steel companies led by Cleveland-Cliffs argued in a pair of briefs (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, CIT # 22-00350).
Commerce misconstrued its own regulations when it ordered CBP to liquidate entries of Goodluck India's cold drawn mechanical tubing from India at a 33.7% adverse facts available antidumping duty rate derived from a subsequent court decision, rather than the zero percent rate that was actually in effect at the time of entry, the company said in a May 15 brief at the Court of International Trade (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:
Importer Cyber Power Systems (USA) failed to identify a flaw in the Court of International Trade's ruling concerning the origin of the company's uninterruptible power supplies, Judge Leo Gordon said in denying Cyber Power's bid for CIT reconsideration. The judge said the request "is premised on the incorrect assumption that the court found that" the importer overcame the presumption of correctness linked to CBP's country of origin determination, which found that the products were made in China.
DOJ this week unsealed indictments of six people for trying to illegally ship sensitive items from the U.S., including shipments of dual-use technologies and aircraft parts to Russia, isostatic graphite to Iran and trade secrets to China. The charges are the first enforcement actions brought by the Disruptive Technology Strike Force, a group launched by DOJ and the Commerce Department in February to investigate and prosecute criminal export violations (see 2302160019).
Actuator cable assemblies assembled in Mexico from Chinese motors and various parts from China, Taiwan, the U.S. and Mexico are products of China based on the motor's predetermined end use, CBP said in a recent ruling -- the first publicly released that cites the Court of International Trade's recent decision in an origin case involving Cyber Power (see 2302270064).
DOJ is seeking nearly $15 million in unpaid customs duties and civil penalties from five Florida importers at the Court of International Trade for alleged evasion of antidumping duties, according to a May 15 complaint (U.S. v. Lexjet, et al., CIT # 23-00105).
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 May 15 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):