Two steel importers, voestalpine USA and Bilstein Cold Rolled Steel, want refunds for Section 232 steel and aluminum duties paid on imports of alloy steel since the Commerce Department's Bureau of Industry and Security published a Section 232 exclusion with the wrong Harmonized Tariff Schedule code, they said in a June 18 complaint filed at the Court of International Trade. Voestalpine and Bilstein say the HTS error was only remedied after the imports had been liquidated and that no protest option was available to apply the exclusions after liquidation (voestalpine USA LLC et al. v. United States, CIT #21-00290).
The Commerce Department's denial of third country sales data for evasion of antidumping duties in establishing normal value in an antidumping duty case lacks proper evidence, shrimp exporter Z.A. Sea Foods Private Limited said in a brief filed June 18 with the Court of International Trade. ZASF said that there was no evidence in the record to back Commerce's reliance on CBP's determination in an Enforce and Protect Act investigation that ZASF's shrimp imports from Vietnam evaded antidumping duties from India (Z.A. Sea Foods Private Limited et al v. United States, CIT #21-00031).
The Customs Rulings Online Search System (CROSS) was updated June 16 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):
No serious gaps in the record exist proving that plywood producer Shelter Forest did not develop its plywood after the Commerce Department issued antidumping and countervailing duty orders on hardwood plywood products from China, the Department of Justice said in a brief June 16. Contradicting comments on Commerce's remand results from petitioner Coalition for Fair Trade in Hardwood Plywood, DOJ backed Commerce's remand decision to reverse its affirmative determination that Shelter Forest's plywood circumvented the AD/CV duties.
The Commerce Department on June 15 finalized its determination that solar modules made from unfinished solar cells imported from China into Vietnam for finishing are subject to antidumping and countervailing duties on crystalline silicon photovoltaic cells, whether or not assembled into modules, from China (A-570-979/C-570-980).
The Customs Rulings Online Search System (CROSS) was updated June 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):
Dominican aluminum extrusion manufacturer Kingtom Aluminio SRL should not be allowed to intervene in a Court of International Trade case in which it is alleged to be involved in a transshipment scheme to avoid antidumping duties, the Enforce and Protect Act case alleger Ta Chen International said in a June 16 brief. Although it made the covered merchandise, Kingtom did not import it through evasion, Ta Chen said.
A recent U.S. Court of Appeals for the Federal Circuit decision finding that antidumping duty countrywide rates in non-market economies can still be based on adverse facts available even if no respondents were uncooperative in an administrative review (see 2106100044) will be considered in a Court of International Trade case on the Commerce Department's AFA policy, according to a June 14 notice of supplemental authority from the Department of Justice. The Federal Circuit decision in China Manufacturers Alliance, LLC v. United States "substantially overlaps" with a CIT case over Commerce's NME policy brought by Jilin Forest Industry Jinqiao Flooring Group Co., DOJ said (Jilin Forest Industry Jinqiao Flooring Group Co., Ltd., v. United States, CIT #18-00191).
John Demers, the President Donald Trump-appointed official at the head of the Department of Justice's national security division, is leaving by his post at the end of June, a DOJ spokesperson said. The Biden administration has nominated former Uber executive Matt Olsen to replace him. Olsen is awaiting Senate confirmation. A DOJ spokesperson confirmed that Demers' departure had been pre-planned for months with June being the ultimate cutoff time for him to leave the division. Demers was originally slated to leave his role on inauguration day but was asked to stay on to aid with the transition. The national security division handles many security-related issues, from counterterrorism to export controls.
The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York: