The Court of International Trade granted a preliminary injunction against the liquidation of Chinese exporter Dalian Meisen Woodworking Co.'s wood cabinet and vanity entries, in an Oct. 18 order. Although Meisen filed for the PI after the 30-day period to move for an injunction, the court accepted its PI bid since the exporter showed good cause as to why the delay was necessary (Dalian Meisen Woodworking Co., Ltd. v. U.S., CIT #20-00110).
The Customs Rulings Online Search System (CROSS) was updated Oct. 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):
The Court of International Trade granted the Department of Justice's motion to stay a case challenging the expansion of Section 232 duties on steel and aluminum “derivatives,” in an Oct. 14 order, due in part to the defendant's likelihood of succeeding on appeal. Finding that a recent U.S. Court of Appeals for the Federal Circuit opinion indicates DOJ's chances of success at the appellate court, CIT also stayed any resulting liquidation but noted that the fact pattern in the present case reads differently from that of the recent Federal Circuit case.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The International Trade Commission granted four Curtis Mallet-Prevost lawyers access to a safeguard proceeding on behalf of LG Electronics, potentially ending a dispute at the Court of International Trade over denied access (see 2110130037) (LG Electronics USA, Inc., et al. v. United States, CIT 21-00520). The ITC's one-page letter does not address larger issues in the case, such as the commission's power to deny access at all
CBP released its Oct. 13 Customs Bulletin (Vol. 55, No. 40), which includes the following ruling actions:
The Commerce Department is sticking by its preferred methodology for determining surrogate financial ratios in an antidumping duty case following a remand from the Court of International Trade, the department said in Oct. 12 remand results submitted to the court. After CIT remanded the case to Commerce for its failure to address the concerns of the mandatory respondent, the agency returned with a more thorough backing of its surrogate financial ratio decision that it believes adequately addresses the respondent's concerns (The Ancientree Cabinet Co., Ltd. v. United States, CIT # 20-00114).
The Customs Rulings Online Search System (CROSS) was updated Oct. 7 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):
Heavy truck parts destined for a U.S. assembly plant cannot qualify for USMCA benefits under tariff shift rules, CBP told Mitsubishi Electric's Automotive division. Under USMCA, the original equipment starter must have 60% North American content under a net cost method, or 70% under a transaction value method; that percentage will go up in July 2024 to 64% or 74%, respectively, and 70% or 80% in 2027.
An alleged transshipper in an antidumping and countervailing duty evasion investigation was allowed to intervene in a case at the Court of International Trade, per an Oct. 7 order. Kingtom Aluminio was originally denied the right to intervene for failing to show a legally protectable interest in the case. Judge Richard Eaton changed his tune in the most recent order, now agreeing that the company has a protectable interest.