The Court of International Trade sustained 162 requests for Section 232 steel tariff exclusions submitted by importer California Steel Industries in a confidential decision, though the court remanded 31 separate exclusion denials. Judge M. Miller Baker said that should the Commerce Department grant any of the 31 remanded exclusion requests, it shall tell CBP "to honor them" by extending the exclusions to "otherwise-eligible entries" that had not finally liquidated by the fifth business day after the original exclusion request denials (California Steel Industries v. United States, CIT # 21-00015).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. and domestic producers of superabsorbent polymers Nov. 12 both supported the Commerce Department's redetermination on remand that switched back to its preliminary determination’s method of model matching in a highly technical case (see 2406170034) (The Ad Hoc Coalition of American SAP Producers v. United States, CIT # 23-00010).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department wrongly determined in a scope ruling that an importer's pencils hadn’t been substantially transformed in the Philippines solely because a Chinese-origin input, wooden slats, were custom-manufactured for use in pencil production, that importer said in a motion for judgment Nov. 8 (School Specialty v. U.S., CIT # 24-00098).
The Commerce Department erred in finding that the South Korean government's provision of electricity below cost was de facto specific in the 2022 review of the countervailing duty order on cut-to-length carbon-quality steel plate from South Korea, exporter Hyundai Steel Co. argued in a Nov. 12 complaint at the Court of International Trade. Hyundai added that Commerce violated the statute on specificity in CVD cases in relying on the "original electricity consumption data" for its de facto specificity finding (Hyundai Steel Co. v. United States, CIT # 24-00190).
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The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Judges at the U.S. Court of Appeals for the Federal Circuit on Nov. 7 sharply questioned both exporter Oman Fasteners' missed deadline in an antidumping duty review and petitioner Mid Continent Steel & Wire's defense of the 154.33% adverse facts available rate imposed as a result. Judge Kimberly Moore led the way during oral argument, taking Oman Fasteners' attorney Michael Huston to task for seemingly hiding the missed deadline (Oman Fasteners v. United States, Fed. Cir. # 23-1661).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: