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. District Court for the Southern District of Ohio denied, in part, and declared moot, in part, a Michigan-based car importer's challenge to two titling requirements imposed by the state of Ohio, in an Aug. 3 opinion. Judge Edmund Sargus found the challenge to a bond release letter requirement to be moot given the requirement was already lifted and that the claim against in-state inspection requirements fails since the regulation does not discriminate against out-of-state interests.
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's remand results in a countervailing duty investigation did not comply with the U.S. Court of Appeals for the Federal Circuit's opinion, plaintiff Nucor Corporation said in Aug. 6 comments filed in the Court of International Trade. The remand results "articulate but don't properly apply a standard that would comply with the statutory adequate remuneration standard," Nucor said, opposing Commerce's finding that the South Korean government did not provide a subsidy to producers of hot-rolled steel via cheap electricity (POSCO v. United States, CIT #17-00137).
The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade should dismiss an antidumping and countervailing duty evasion protest brought by All One God Faith, doing business as Dr. Bronner's Magic Soaps, since the court lacks jurisdiction over the entries, the U.S. defense said on Aug. 2 in a partial motion to dismiss. Since Dr. Bronner's xanthan gum entries have already liquidated and the importer failed to make a timely appeal of its protest of the liquidation, the court has no jurisdiction over the entries, the Department of Justice said (All One God Faith, Inc. et al. v. United States, CIT #20-00164).
Aluminum extrusion producer Kingtom Aluminio requested to intervene in a Court of International Trade case over an antidumping duty evasion investigation that found it transshipped aluminum extrusions from China through the Dominican Republic to skirt the duties. A previous request was denied by Judge Richard Eaton (see 2106210059). Undeterred, Kingtom filed a motion for reconsideration in the court. Eaton permitted the producer on Aug. 5 to support its motion with an affidavit by individuals who can speak to Kingtom's interests in the case along with a brief, with a maximum of 10 pages, to explain how this affidavit satisfies the requirement for intervention (Global Aluminum Distributor LLC v. United States, CIT #21-00198).
The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:
A Court of International Trade case over importer Greenlight Organic's alleged fraud in misclassifying its knit garments should be dropped since the statute of limitations ran out, Greenlight said in an Aug. 3 brief. After the court ruled in 2018 that the statute of limitations had some lingering questions, Greenlight said it has procured enough evidence for the court to now rule in its favor and that the U.S.'s fraud case is effectively time barred (United States v. Greenlight Organic, Inc. et al., CIT #17-00031).
The growth in the number of antidumping and countervailing duty orders enforced by CBP in recent years appears to be continuing, said Elizabeth Teague, an analyst at CBP, who spoke during a CBP Detroit Trade Week event on Aug. 3. "In Fiscal Year 2020, CBP began to enforce 45 new AD/CVD orders," she said. "So far in 2021, we are outpacing that number and have begun enforcing an additional 83 AD/CVD orders just this year." As of July, there were 625 active AD/CVD orders on 191 products from 59 countries, with China being the most frequently named country of origin, she said. Over half of all the AD/CVD orders involve steel or steel-related products, Teague said.