The Customs Rulings Online Search System (CROSS) was updated Dec. 10 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):
Country of origin cases
The refunds issued to parties that challenged President Donald Trump's Section 232 steel and aluminum tariff hike on Turkish steel are either back in the government's hands or on their way, the litigants told the Court of International Trade in a joint status report (Transpacific Steel LLC, et al. v. United States, CIT #19-00009).
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 can no longer make a particular market situation adjustment to an antidumping respondent's cost of production in a sales-below-cost test, the U.S. Court of Appeals for the Federal Circuit held in a Dec. 10 opinion. Cementing what the Court of International Trade has repeatedly held, a three-judge panel at the appellate court said that the statute -- in particular, a section of the 2015 Trade Preferences Extension Act -- does not permit such a PMS adjustment. Rather, the statute only allows a PMS adjustment for constructed value, the Federal Circuit said.
The Court of Appeals for the Federal Circuit on Dec. 10 said the Commerce Department can't make a particular market situation adjustment to an antidumping respondent's cost of production for the purposes of a sales-below-cost test. A three-judge panel at the appellate court said that the statute -- a section of the Trade Preferences Extension Act of 2015 -- didn't allow for such an adjustment, and that a PMS adjustment is only permitted for constructed value. The case concerned an AD review for welded line pipe form South Korea, originally brought by respondents Hyundai Steel Co. and SeAH Steel Corp., and was appealed by petitioner Welspun Tubular.
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 Dec. 8 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):
CBP unfairly denied importer Compressed Air Systems' protest showing that it overpaid duties and fees for its air compressor and vacuum pump part entries, CAS argued in its Dec. 7 complaint at the Court of International Trade. Due to a clerical error committed by the customs broker, the entries were overvalued, CAS said. CBP then refused to fix the error after the importer protested CBP's liquidation of the entries, leading the company to file suit with the trade court (Compressed Air Systems, LLC v. CBP, CIT #21-00615).
Plaintiffs challenging an antidumping review, led by Hung Vuong Corporation, will appeal an October Court of International Trade opinion upholding the Commerce Department's use of adverse facts available, the plaintiffs said in a Dec. 8 notice of appeal. The decision, which came in a case over an administrative review of the antidumping duty order on frozen fish fillets from Vietnam, will be appealed to the U.S. Court of Appeals for the Federal Circuit. Commerce's use of AFA was originally remanded by the court, but was then sustained after swapping out the grounds on which the AFA finding was based (see 2110130031). The agency ultimately based the AFA finding on Hung Vuong's failure to retain source documents on feed consumption, production records and sales correspondence, and Hung Vuong's failure to report factors of production data on a control number-specific basis (Hung Vuong Corp., et al. v. United States, CIT #19-00055).
The Court of International Trade cannot set aside case law finding that subassemblies do not qualify for the finished merchandise exclusion in antidumping and countervailing duty order scope rulings, Judge Stephen Vaden said in a Dec. 6 opinion. Siding with the Commerce Department over plaintiffs China Customs Manufacturing and Greentec Engineering, the court said the plaintiffs' solar roof mountings fall within the scope of the AD/CVD orders on aluminum extrusion from China.