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 should not have tapped Malaysia as the primary surrogate country in an antidumping duty review, plaintiff-appellants, led by Carbon Activated Tianjin Co., said in an April 7 opening brief at the U.S. Court of Appeals for the Federal Circuit. The appellants said that after the Court of International Trade invalidated Commerce's basis for picking Malaysia, the agency "advanced meritless bases" to keep its pick and that Romania figures to be the better choice (Carbon Activated Tianjin Co. Ltd. v. United States, Fed. Cir. #22-1298).
The following lawsuits were recently filed at the Court of International Trade:
The Court of International Trade, in an April 4 opinion made public April 12, sustained parts and sent back parts of the Commerce Department's final results in the 2017-2018 administrative review of the antidumping duty order on solar cells from China. Judge Claire Kelly upheld Commerce's pick of Malaysia as the primary surrogate country and the calculation of surrogate financial ratios. However, the judge remanded Commerce's decision to value silver paste using Malaysian import data, value mandatory respondent Risen Energy Co.'s ethyl vinyl acetate and backsheet, and use partial adverse facts available to value missing factor of production data, as well as the conduct of its separate rate calculation.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Customs Rulings Online Search System (CROSS) was updated April 5 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):
In the March 23 Customs Bulletin (Vol. 56, No. 11), CBP published a proposal to revoke rulings on step stools and sushi ginger.
The following lawsuits were recently filed at the Court of International Trade:
The unanimous three-judge opinion at the U.S. Court of International Trade remanding the lists 3 and 4A Section 301 tariffs to the Office of the U.S. Trade Representative on April 1 for correcting deficiencies in the agency’s Administrative Procedure Act compliance extends the current litigation at least until mid-summer. The opinion, written by Chief Judge Mark Barnett and coming two months to the day after Feb. 1 oral argument was held (see 2202010059), gives USTR 90 days, to June 30, to respond to the remand order, and orders the plaintiffs and the government to submit a joint status report 14 days after that, including a proposed schedule on “the further disposition of this litigation.”