The Commerce Department illegally deducted Section 301 China tariff duties from exporter Neimenggu Fufeng Biotechnologies Co.'s U.S. price in the 2020-21 administrative review of the antidumping duty order on xanthan gum from China, Fufeng said in its Oct. 30 motion for judgment at the Court of International Trade. In addition, Fufeng argued that Commerce unlawfully valued the company's energy factors of productions and coal classifications, which Fufeng said skewed the dumping margins (Neimenggu Fufeng Biotechnologies Co. v. U.S., CIT # 23-00068).
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.
Antidumping duty respondent Assan Aluminyum Sanayi added supplemental authorities to its case regarding the antidumping duty review on aluminum foil from Turkey, it said in its Oct. 30 notice at the Court of International Trade (Assan Aluminyum Sanayi ve Ticaret v. U.S., CIT # 21-00616).
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 Oct. 30 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):
Chinese exporter Jilin Bright Future Chemicals did not exhaust its administrative remedies in challenging calculations in an administrative review on activated carbon from China, but it can still raise an issue with the calculations because Commerce didn't finalize its methodology until the final results, the company argued in its Oct. 24 reply brief at the Court of International Trade (Jilin Bright Future Chemicals Co. v. U.S., CIT # 22-00336).
The Customs Rulings Online Search System (CROSS) was updated Oct. 26 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):
A heat sink manifold imported by Wagner Spray Tech Corporation is subject to the antidumping and countervailing duty orders on aluminum extrusions from China, despite an exemption from those orders for heat sinks, the Commerce Department said in an Oct. 17 scope ruling.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Imported ether glycol used in the manufacture of high-performance polyurethane elastomers is a synthetic wax and properly classified as such rather than as an epoxy resin, importer Gantrade said in its Oct. 23 complaint at the Court of International Trade (Gantrade v. U.S., CIT # 21-00551).
A finding of evasion against Skyview Cabinet USA was arbitrary and capricious because CBP failed to establish that the subject wooden cabinets and vanities were covered merchandise at the time they were made and because CBP failed to follow Enforce and Protect Act procedures when it applied adverse inferences, Skyview said in its Oct. 23 opening brief at the U.S. Court of Appeals for the Federal Circuit (Skyview Cabinet USA v. U.S., Masterbrand Cabinets Inc., Fed. Cir. # 23-2318).