The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Country of origin cases
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 June 14 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 properly found that Shelter Forest International Acquisition's hardwood plywood exports didn't circumvent the antidumping and countervailing duty orders on hardwood plywood from China, the U.S. Court of Appeals for the Federal Circuit said in a June 15 opinion. Affirming the Court of International Trade's opinion, the Federal Circuit said that the merchandise was commercially available before Dec. 8, 2016, and was thus not later-developed merchandise that circumvented the AD/CVD orders.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department properly found that electricity was not provided below cost in South Korea in a countervailing duty investigation, the Court of International Trade said in a June 13 opinion. Following a remand from the Court of Appeals for the Federal Circuit, Judge Jennifer Choe-Groves said that both of the remanded issues -- Commerce's reliance on the preferential-rate standard and its failure to address the Korean Power Exchange's (KPX's) impact on the South Korean electricity market as rendering cost-recovery analysis -- now comply with the appellate court's ruling.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP has found substantial evidence that CNC Associates N.Y., Inc., (dba CNC Cabinetry) entered wooden cabinets and vanities (WCV) from China into the U.S. in violation of antidumping and countervailing duty orders by transshipping through Indonesia and claiming PT Aiwood Smart Home (Aiwood) and PT Sunwell Manufacturing Indonesia (Sunwell) as local manufacturers, according to a June 7 notice.
President Donald Trump's move to expand the Section 232 steel and aluminum tariffs onto "derivative" products was part of the president's original "plan of action," thus making the expansion legal, the U.S. argued in a June 10 reply brief at the U.S. Court of Appeals for the Federal Circuit. Centering the reply on a key Federal Circuit opinion, Transpacific Steel v. U.S., which said the president can carry out certain Section 232 tariff action beyond procedural deadlines, DOJ told the appellate court that the derivatives expansion sought to carry out the president's original goal of reaching an 80% domestic capacity utilization rate for steel and aluminum.
The U.S. Court of Appeals for the Federal Circuit in a June 10 order invited the U.S. to file an amicus brief in a case on whether the Commerce Department can conduct expedited countervailing duty reviews. The plaintiff-appellants, led by Fontaine Inc., filed their opening brief in February, seeking statutory cover for Commerce to perform the expedited reviews (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. United States, Fed. Cir. #22-1021).