A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website Jan. 30, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.
The Commerce Department published notices in the Federal Register Jan. 29 on the following AD/CV duty proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms or effective dates will be detailed in another ITT article):
The Commerce Department and the International Trade Commission published the following Federal Register notices Jan. 29 on AD/CVD proceedings:
The Commerce Department is amending countervailing duty cash deposit rates for exporters subject to CV duties on phosphate fertilizers from Russia (A-821-825), it said in a notice implementing a recent Court of International Trade decision that invalidated rates the agency set in the antidumping duty final determination and order it issued in 2021 (see 2104060023). Any changes are applicable to entries on or after Jan. 29, as follows:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website Jan. 24, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.
The Customs Rulings Online Search System (CROSS) was updated Jan. 18-19 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 Jan. 19 sustained the Commerce Department's use of exporter PhosAgro's profit before tax number instead of its gross profit mark when calculating the company's phosphate mining rights benefit.
New questionnaire responses showed it was a common domestic practice to reship surplus merchandise accidentally ordered to flooded markets, the International Trade Commission said as it continued to find on remand that Moroccan and Russian phosphate fertilizer had depressed U.S. fertilizer prices and harmed U.S. industry (OCP v. U.S., CIT Consol. # 21-00219).
The Court of International Trade in a Jan. 19 opinion sustained the Commerce Department's final remand results in a case on the countervailing duty investigation of phosphate fertilizers from Russia. Judge Jane Restani upheld Commerce's decision use of exporter PhosAgro's profit before tax calculation rather than its gross profit figure in its profit ratio calculation. The agency explained that the profit before tax is "narrower and helps to isolate costs for phosphate ore mining and beneficiation activities." Restani said that PhosAgro failed to show that "including expenses broader than those involved in the mining and beneficiation of phosphate ore would bolster Commerce's goal to render an accurate profit ratio."