The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Ben Perkins
Ben Perkins, Assistant Editor, is a reporter with International Trade Today and its sister publications, Trade Law Daily and Export Compliance Daily, where he covers sanctions, court rulings, and other international trade issues. He previously worked as a trade analyst for a Washington D.C. advisory firm. Ben holds a B.A. in English from the University of New Hampshire and an M.A. in International Relations from American University. Ben joined the staff of Warren Communications News in 2022.
An assessment of domestic interested party willingness to participate in five-year reviews of antidumping duty orders on stilbenic optical brightening agents from China and Taiwan doesn't itself constitute a "review," the International Trade Commission said in a Sept. 1 motion at the Court of International Trade. The ITC asked the court to affirm the termination of the five-year review of the AD orders at issue (Archroma U.S., Inc. v. U.S., CIT # 22-00354).
The Commerce Department erred when it found that wood boards used to produce downstream cabinet products were wood “moulding and millwork” products, importer Hardware Resources said in an Aug. 31 complaint to the Court of International Trade. The suit contests Commerce's Aug. 2 final scope ruling which found that imported edge-glued boards were within the scope of antidumping and countervailing duty orders on wood mouldings and millwork products from China (see 2308080002) (Hardware Resources v. U.S., CIT # 23-00150).
A case concerning the Commerce Department's refusal to start a successor-in-interest changed circumstances review for exporter GreenFirst Forest Products under the countervailing duty investigation on softwood lumber products from Canada has been dismissed with the agreement of all parties (GreenFirst Forest Products v. U.S., CIT # 22-00097).
The Customs Rulings Online Search System (CROSS) was updated Sept. 1 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 Commerce Department released the results of its fourth remand redetermination in an antidumping duty investigation on steel nails from Taiwan, sticking with its use of a simple average to calculate the denominator of the Cohen’s d test coefficient. The department said it complied with the remand order by providing reasonable justification for its methodology in its test to identify "masked dumping" (Mid Continent Steel & Wire v. U.S., CIT # 15-00213).
A complaint by Turkish exporter Eregli Demir ve Celik Fabrikalari (Erdemir) that challenged the International Trade Commission's decision not to institute a changed circumstances review of the antidumping duty order on hot-rolled steel flat products from Turkey should be dismissed because Erdemir's claim was rendered moot when the ITC conducted a full sunset review, the ITC said in an Aug. 31 brief at the Court of International Trade (Ereğli Demir ve Çelik Fabrikalari v. U.S. International Trade Commission, CIT # 22-00350).
One-step step stools are correctly classified according to their constituent materials and not as furniture, CBP headquarters said in a recently released ruling.
The Customs Rulings Online Search System (CROSS) was updated Aug. 31 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 on Sept. 1 upheld the final determination in an antidumping duty investigation on raw honey from India, siding with the Commerce Department on the agency's decision to have respondents report their acquisition costs and to verify that information from a subset of their suppliers due top a lack of data from hundreds of individual honey producers.