The Court of International Trade on Dec. 16 remanded the Commerce Department’s classification of xanthan gum exporter Fufeng’s coal and its direct calculation of the exporter’s energy costs. Judge Gary Katzmann dismissed the exporter’s challenge to the Cohen’s d test and to the department’s decision to subtract Section 301 tariffs from the Fufeng’s value calculation (Neimenggu Fufeng Biotechnologies Co. v. U.S., CIT # 23-00068).

The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:

Flexport employees advised attendees on a webinar this week to prepare for a scaling back of de minimis, in case the rulemaking that removes goods subject to Section 301 tariffs moves forward.

The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:

Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.

The U.S. defended its motion to dismiss importer Retractable Technologies' suit against the Office of the U.S. Trade Representative's 100% Section 301 duty hike on needles and syringes, claiming that the Court of International Trade either doesn't have jurisdiction to hear Retractable's claims or that the company failed to state a claim on which relief can be granted (Retractable Technologies v. United States, CIT # 24-00185).

The Office of the U.S. Trade Representative is hiking tariffs on Chinese solar wafers and polysilicon to 50% and Chinese tungsten products covered by Harmonized Tariff Schedule subheadings 8101.94.00, 8101.99.10 and 8101.99.80 will face 25% tariffs, beginning Jan. 1.

The Treasury Department’s recent delegation of its customs revenue functions to DHS “will make the regulatory process much more efficient and ensure everyone has adequate input,” acting CBP Commissioner Troy Miller said in opening remarks at the Commercial Customs Operations Advisory Committee meeting Dec. 11.

Sen. Rick Scott, R-Fla., asked U.S. Trade Representative Katherine Tai to open a Section 301 trade investigation on Chinese garlic growers, arguing that the sector is subsidized by forced labor and "other unfair and unethical trade practices."

The following lawsuits were filed at the Court of International Trade during the week of Dec. 2-8: