Antidumping duty petitioner Wheatland Tube Co. failed to rebut plaintiff Borusan Mannesmann's motion that no substantial question remains regarding Wheatland's appeal of an antidumping duty case related to a particular market adjustment, Borusan said in an April 20 reply brief at the U.S. Court of Appeals for the Federal Circuit. Since the Federal Circuit in a separate case found that particular market situation adjustments cannot be made to the sales-below-cost test, the issue is "completed," so the court should affirm Borusan's motion for summary affirmance, the brief said (Borusan Mannesmann Boru Sanayi ve Ticaret v. United States, Fed. Cir. #21-2097).
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 Commerce Department reversed course on 45 Section 232 steel and aluminum tariff exclusion bids, granting the requests on remand at the Court of International Trade. Submitting the results of its voluntary remand request in an April 18 submission, Commerce's Bureau of Industry and Security granted importer Mirror Metals' exclusion requests, finding that the bids should be granted after looking at whether the relevant steel article could be made at a sufficient level in the U.S. (Mirror Metals v. United States, CIT #21-00144).
The Commerce Department cannot use an antidumping evasion finding to reject AD review respondent Z.A. Sea Foods Private Limited's (ZASF) Vietnamese data when calculating normal value, the Court of International Trade said in an April 19 opinion. Since ZASF is not mentioned in the Enforce and Protect Act investigation cited by Commerce as the basis for rejecting the Vietnamese data, it is not clear how the agency decided that some of ZASF's Vietnamese sales ultimately wound up in the U.S., Judge Gary Katzmann said.
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 and the Court of International Trade properly held that China Custom Manufacturing's solar panel mounts do not qualify for the finished goods exclusion from the antidumping and countervailing duty orders on aluminum extrusions from China, DOJ argued in an April 18 reply brief at the U.S. Court of Appeals for the Federal Circuit. CCM, along with importer Greentec Engineering, ask Commerce to apply an outdated interpretation of the exclusion that doesn't consider key precedent from the Federal Circuit, the U.S. said (China Custom Manufacturing v. United States, Fed. Cir. #22-1345).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
In the April 13 Customs Bulletin (Vol. 56, No. 14), CBP published a proposal to revoke rulings on a men's full-zip hoodie and polyetheretherketone powder
Lithionics Battery and its founder and owner Steven Tartaglia violated the law by falsely claiming their battery and battery module products were made in the U.S., the Federal Trade Commission said in an April 12 complaint in a Florida district court. By doing so, the company and its founder violated the Made in the USA Labeling Rule, the complaint said (United States v. Lithionics Battery LLC, M.D. Fla. #8:22-00868). The case marks the first enforcement action under the agency's new labeling rules (see 2107010077), the agency said.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: