A CBP protest was not needed to establish jurisdiction in two companies' challenge to CBP's assessment of Section 301 tariffs on goods subsequently granted a tariff exclusion since the challenge is not an entry-specific matter, the companies, ARP Materials and Harrison Steel, said in a Feb. 7 brief. Replying to the U.S.'s arguments at the U.S. Court of Appeals for the Federal Circuit, the plaintiff-appellants said that their challenge has jurisdiction under Section 1581(i), the trade court's "residual" jurisdiction provision, since the action relates to CBP's imposition of the requirements of an "inapt statute" to all the entries excluded from tariff lists 2 and 3 (ARP Materials Inc. v. United States, Fed. Cir. #21-2176).
Country of origin cases
The Commerce Department excluded importer Star Pipe Products' 11 ductile iron flanges from the antidumping duty order on cast iron pipe fittings because the Court of International Trade left no alternative, Commerce said in a Feb. 7 brief. Responding to U.S. producer ASC Engineered Solutions arguments in a reply brief at CIT, Commerce said that even though the court initially agreed that the plain scope language included Star Pipe's flanges in the AD order, it said this was insufficient to include the flanges (Star Pipe Products v. United States, CIT #17-00236).
There is no exception for business confidential information to the requirement that CBP provide a company subject to an antidumping duty and countervailing duty evasion investigation access to the evidence on which the agency relies, importer Royal Brush told the U.S. Court of Appeals for the Federal Circuit in a Feb. 4 opening brief. CBP's denial of Royal Brush's access to the BCI in the Enforce and Protect Act investigation violated its due process rights and created a "flawed process for adjudicating complaints of duty evasion," the brief said (Royal Brush Manufacturing Inc. v. United States, Fed. Cir. #22-1226).
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 reported that it settled all issues via mediation in two cases over the Commerce Department's denial of Section 232 exclusion requests. The mediation, held by Judge Leo Gordon, was ordered after the consolidated plaintiffs' request for a status conference was denied as moot. The plaintiffs wanted the status conference to discuss the availability of a remedy for already-liquidated entries, but the specifics of mediation were not made known (N. Am. Interpipe, Inc. v. U.S., CIT #20-03825) (Allegheny Technologies Incorporated, et al. v. U.S., CIT #20-03923).
CNC evaded antidumping and countervailing duty orders on wooden cabinets and vanities from China by transshipping them through Malaysia and falsely declaring them to be of Malaysian origin, CBP said in a Jan. 31 Enforce and Protect Act determination.
Simpli Home evaded antidumping and countervailing duty orders on quartz countertops from China, according to a Jan. 25 Enforce and Protect Act determination by CBP that found Simpli Home transshipped items through Vietnam and falsely declared them to be of Vietnamese origin. The investigation was requested by Cambria, based on trade data evidence showing Chinese artificial stone exports to Vietnam firm Anaq and product marketing showing quartz countertops.
CBP took exporter LB Wood Cambodia's statements "completely out of context" in an "unceasing attempt to crucify" the company in an antidumping and countervailing duty evasion investigation, plaintiff-intervenor Interglobal said in a reply brief at the Court of International Trade. CBP ascribed "the worst possible motives" to all the parties to the litigation, including LB Wood, and used "its own misstated presumption as grounds for pole-vaulting" to the conclusion that any evidence that undermines the agency's decisions is "inherently suspect," the brief said (American Pacific Plywood v. U.S., CIT #20-03914).
Far East, Ciel, APPI, InterGlobal, and Libery Woods transshipped plywood through Vietnam to evade antidumping and countervailing duty orders on hardwood plywood from China, falsely declaring the plywood was of Vietnamese origin, CBP said in a Jan. 30 Enforce and Protect Act determination.
The U.S. Chamber of Commerce hopes to be able to support the House China package, since the trade group supported the U.S. Innovation and Competition Act, but said the House bill "continues to include numerous policies that would undermine U.S. competitiveness, and Members are being denied the opportunity to vote on amendments to address these issues." The Chamber said it will push during the conference process to get better bill.