Foam footwear previously barred from entry due to an exclusion order from the International Trade Commission may enter the U.S. following a reexamination by CBP, even though the issue wasn't protestable, CBP said in ruling H323683, released May 16. The ruling was sparked by a Jan. 31 protest by Triple T Trading, which argued its imports of foam footwear should not have been barred from entry.
Country of origin cases
The Court of International Trade in a May 19 opinion upheld the Commerce Department's remand results in an antidumping duty case, finding that exporter Pirelli Tyre wasn't controlled by the Chinese state for the first 10 months of the AD review. Ten months into the review, Chinese company Chem China bought Pirelli, but Commerce originally held that Pirelli was owned by the Chinese government for the entire review. On remand, the agency said Chem China didn't own Pirelli for the first 10 months, giving the exporter a 1.45% dumping rate for this period.
The Commerce Department's Bureau of Industry and Security continued to deny 15 Section 232 steel and aluminum tariff exclusion requests from NLMK Pennsylvania in remand results at the Court of International Trade on May 18. BIS said that the U.S. industry has sufficient capacity to make the products that NLMK requested the exclusions for at a "satisfactory quality" (NLMK Pennsylvania v. United States, CIT #21-00507).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Federal Trade Commission said that apparel company Lions Not Sheep Products and Sean Whalen, its owner, falsely label their products as Made in USA, filing a complaint against the company and its owner. In the filing, FTC said that Lions Not Sheep and Whalen actually imported their clothing and accessories from China and other countries. The commission would have the company stop making the false claims, label the proper country of origin of the products and pay a $211,335 penalty to the commission.
The Court of International Trade in a May 19 opinion sustained the Commerce Department's remand results in the antidumping administrative review into passenger vehicle and light truck tires, finding that tire exporter Pirelli Tyre Co. rebutted the presumption of Chinese government control for the first 10 months of the review. Pirelli was bought by Chinese company Chem China 10 months into the review, but Commerce originally held that Pirelli was owned by the Chinese government for the entire review. On remand, the agency said that Chem China didn't own Pirelli for the first 10 months, giving the exporter a 1.45% dumping rate for this period.
The Court of International Trade dismissed two cases brought by steel importer Voestalpine USA and steel purchaser Bilstein Cold Rolled Steel seeking to retroactively apply a Section 232 steel and aluminum tariff exclusion that was originally issued with a clerical error. Judge Mark Barnett said that the plaintiffs did not seek any relief that the court could grant since the entries eligible for the exclusion had already been liquidated, and the court does not have the power to order their reliquidation.
The Court of International Trade issued a May 17 opinion addressing two cases brought by Voestalpine USA and Bilstein Cold Rolled Steel, the importer and purchaser of entries subject to Section 232 steel and aluminum tariffs, respectively. The cases both concern reliquidation requests on various steel entries without the Section 232 duties, based on the Commerce Department's Bureau of Industry and Security's approval of exclusion requests. The exclusions each originally contained an invalid Harmonized Tariff Schedule subheading, but by the time the error was discovered in both cases, CBP had liquidated the entries with the duties.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
A group of tech industry associations released a statement May 16 to voice their support for an expansion of the Information Technology Agreement at the World Trade Organization. An expansion would see emerging technologies covered by the tariff-elimination elements of the pact and extend to areas of the globe not currently covered by the ITA, the statement said. Citing a study from the Information Technology and Innovation Foundation, the trade associations said that expanding the ITA would add almost $800 billion to global GDP over the next decade.