Two Commerce Department redeterminations excluding certain ductile iron flanges from the scope of a 2003 antidumping duty order were found unsatisfactory by the Court of International Trade, since they "are not in a form in which the court could sustain" them, according to two Nov. 18 orders by Judge Timothy Stanceu. Since Commerce said on remand that it will issue a revised scope ruling if the remand submissions are affirmed, the agency is looking for approval of a decision that is not a scope determination but "instead is preliminary to such a decision." As a result, the decision "could not be put into effect should it be sustained," and Commerce would "escape direct judicial review," the judge said.
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.
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 erred when it dismissed a case brought by importer Rimco over alleged "excessive fines" leveled by CBP for the combination of antidumping and countervailing duty rates on steel wheels from China, Rimco argued in a Nov. 14 brief before the Court of Appeals for the Federal Circuit.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Size-reduction machinery should be classified as duty-free machines for "crushing, grinding, or screening" rather than as "other electromechanical" machines, dutiable at 2.5%, importer Vecoplan said in a Nov. 14 motion for summary judgment at the Court of International Trade (Vecoplan v. United States # 20-00126).
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 Nov. 10 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 Nov. 9 Customs Bulletin (Vol. 56, No. 44), CBP published a proposal to revoke rulings on wireless headphone sets.
CBP announced that it has initiated and consolidated two Enforce and Protect Act investigations into whether Gorilla Paper, Inc. and Gorilla Supply (Gorilla) evaded antidumping duty on thermal paper from Germany and South Korea, according to a notice dated Nov. 3. The announcement followed evasion allegations by Paper Receipts Converting Association (PRCA) and the subsequent investigation began on July 29.
The use of transaction value is inappropriate when there is insufficient documentation to prove bona fide sales, CBP ruled in HQ ruling H323585, dated Aug. 31.