The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Court of International Trade activity
In support of the results after remand of an antidumping duty review on welded carbon-quality steel from the United Arab Emirates (see 2409240022), defendant-intervenors said the Commerce Department’s use of inter-quarter comparisons in a differential pricing analysis but same-quarter comparisons in a margin calculation was reasonable because the contexts are different (Universal Tube and Plastic Industries v. U.S., CIT # 23-00113).
The Commerce Department "clearly considered" antidumping scope language highlighted by exporter Export Packers Co. in its challenge to the agency's inclusion of the company's garlic in the AD order on fresh garlic from China, petitioner Fresh Garlic Producers Association argued. Replying to Export Packers' motion for judgment on Nov. 19 at the Court of International Trade, the petitioner said the scope of the order explicitly covers the garlic at issue, which is separated into individual cloves and frozen (Export Packers Company Ltd. v. United States, CIT # 24-00061).
Antidumping duty petitioner Coalition of American Millwork Producers dismissed its case on the 2022-23 review of the AD duty order on wood moldings and millwork products from China. The petitioner filed a notice of dismissal at the Court of International Trade on Nov. 15 at the Court of International Trade. Counsel for the coalition didn't immediately respond to request for comment (Coalition of American Millwork Producers v. U.S., CIT # 24-00194).
The U.S. opposed Nov. 15 a Mexican tomato exporter’s bid to intervene in a case challenging the results of a 27-year-old antidumping duty investigation (see 2411080036) (Bioparques de Occidente v. United States, CIT Consol. # 19-00204).
Various companies that were originally excluded from an expedited countervailing duty review on Canadian softwood lumber asked the Court of International Trade to clarify that they're due refunds of CVD cash deposits (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. United States, CIT # 19-00122).
The U.S. Court of Appeals for the Federal Circuit granted exporter CVB's bid to voluntarily dismiss its appeal of an injury finding on mattresses from various Asian countries. Since the U.S. is continuing its cross-appeal in the matter, the appellate court renamed the case in a Nov. 18 order. Judge Jimmie Reyna renamed the case to In Re United States (Fed. Cir. # 24-1566).
Importer MTD Products dropped its case at the Court of International Trade seeking exclusions from Section 301 China tariffs on its spark-ignition reciprocating or rotary internal combustion piston engines. The company filed a complaint in June, claiming that the Office of the U.S. Trade Representative established exclusions for engines of its type classified under Harmonized Tariff Schedule subheadings 8407.90.1020 and 8407.90.1010 (see 2406060034). Counsel for the importer didn't respond to a request for comment (MTD Products v. United States, CIT # 22-00174).
The U.S. will reliquidate 352 steel entries from importer Valbruna Slater Stainless without Section 232 duties, though the company will drop its challenge seeking refunds of Section 232 duties on 90 additional entries. Filing a stipulated judgment at the Court of International Trade on Nov. 15, the government and Valbruna reached the settlement regarding the company's entries following court-led mediation (see 2411120056). Under the judgment's terms, CBP will "promptly reliquidate," without Section 232 duties, 352 entries of steel articles from Italy laid out in an attachment to the stipulation (Valbruna Slater Stainless v. United States, CIT # 21-00027).
The U.S. argued Nov. 15 that an importer of Chinese-origin countertops had waived its challenge to CBP’s practice of initiating Enforce and Protect Act inquiries based on the agency’s “date of receipt” of a petition (Superior Commercial Solutions v. United States, CIT # 24-00052).