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
Exporter China Customs Manufacturing's solar panel mount assemblies are "fully and completely assembled" at the time they're imported, thus qualifying for a finished merchandise exclusion from the antidumping duty and countervailing duty orders on aluminum extrusions from China, CCM argued. Filing its opening brief at the U.S. Court of Appeals for the Federal Circuit on March 8, CCM, along with Greentec Engineering, argued that the record shows that the solar panel mount assemblies satisfy each of the requirements for the exclusion, including being fully assembled at the time of entry (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:
The Commerce Department gave itself more time to consider whether to begin an anti-circumvention inquiry on solar cells from Malaysia, Thailand and Vietnam, in a March 9 memo. The petition alleges that Chinese solar panel manufacturers have shifted manufacturing to Malaysia, Thailand and Vietnam to circumvent the antidumping duty and countervailing duty orders on solar cells and modules from China (see 2202090060).
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 Customs Rulings Online Search System (CROSS) was updated on March 7 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 following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade erred when it found that importer Strategic Import Supply's protests were untimely filed, the tire importer said in its March 4 opening argument at the U.S. Court of Appeals for the Federal Circuit. In fact, SIS should not have had to file the protest in the first place, since the U.S. should have provided the necessary refunds for overpaid countervailing duties without any other filings from SIS, the company said. The result of the trade court's ruling is a practice both "nonsensical" and unsupported by the statute's language (Acquisition 362, LLC dba Strategic Import Supply v. United States, Fed. Cir. #22-1161).
The Court of International Trade shouldn't dismiss a lawsuit brought by MS Solar over the Commerce Department's liquidation instructions issued following an antidumping duty administrative review, MS Solar said in a March 2 brief. The court has repeatedly found it has jurisdiction for these claims under Section 1581(i), the court's "residual" jurisdiction, according to the brief, which also took issue with DOJ's claim that the action's true nature is to challenge the final ADD rate (MS Solar Investments v. U.S., CIT #21-00303).