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 Court of International Trade should sustain the Commerce Department’s determination that the South Korean government did not subsidize Hyundai Steel by providing electricity for less than adequate remuneration (LTAR), the DOJ argued in an April 28 motion. The motion came in reply to requests for judgment filed by Hyundai Steel and consolidated-plaintiff Nucor, which contested separate aspects of the final results of a 2019 countervailing duty review on hot-rolled steel flat products from South Korea (Hyundai Steel v. United States, CIT # 22-00170).
The U.S. and South Korea reached a solution ending a dispute settlement case on the U.S. safeguard measure concerning imports of large residential washers, the World Trade Organization announced. South Korea said at the April 30 meeting of the Dispute Settlement Body that the U.S. brought its measure in line with the relevant WTO agreements. The U.S. claimed that while certain elements of the panel's findings were "disappointing and unbalanced," it allowed the report to be adopted, the WTO said.
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:
None of the Court of International Trade's conclusions upholding the use of the Cohen's d test to root out "masked" dumping address the Commerce Department's "core error" of using a 0.8 threshold "when the statistical assumptions of normality, variance, and size have not been proven," thermal paper exporters led by Koehler Paper argued. In a reply brief at the trade court, Koehler said CIT's recent decisions in Stupp Corp. v. U.S. and Marmen v. U.S. "do nothing to mitigate the fundamental flaws" of using the d test (Koehler Paper, et al. v. United States, CIT # 21-00632).
The Commerce Department extended the deadline to issue its final determinations in the anti-circumvention inquiries concerning solar cells from Cambodia, Malaysia, Thailand and Vietnam, until Aug. 17. In a memo dated April 26, Jose Rivera, international trade compliance analyst at Commerce, said that "good cause exists" to give the agency more time, including the "numerous complex methodological issues for which Commerce requires more time to analyze." Rivera added that the agency received around 20 briefs from interested parties in the inquiries.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP's Office of Regulations and Rulings abused its discretion when it overturned a determination of evasion in an administrative review, the Aluminum Extrusions Fair Trade Committee (AEFTC) said in an April 26 motion for judgment at the Court of International Trade. The original determination found that Kingtom Aluminio SRL had evaded antidumping and countervailing duty orders on aluminum extrusions from China by transshipment through the Dominican Republic. The AEFTC asked the court to remand the case to CBP (Aluminum Extrusions Fair Trade Committee v. U.S., CIT # 22-00236).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: