Exporter Midwest-CBK will appeal a May 2022 Court of International Trade decision, which said that sales from a Canadian warehouse to U.S. customers are sales "for exportation to the United States" instead of "domestic sales." After losing on this claim last year, the case shifted to an inquiry into the value of the goods. Midwest-CBK said that, due to its business model, it couldn't litigate this issue, and so it made the decision to ditch this claim so it could appeal its original argument (see 2310200054). Per its Nov. 8 notice of appeal, the exporter will take its suit to the U.S. Court of Appeals for the Federal Circuit (Midwest-CBK v. United States, CIT # 17-00154).
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 arbitrarily rejected arguments from Canadian softwood lumber exporter Resolute FP Canada -- despite a "good cause" showing by Resolute -- when it found the company would be likely to continue dumping, in the final results of a sunset review, Resolute said in its Nov. 6 motion for judgment at the Court of International Trade (Resolute FP Canada v. U.S., CIT # 23-00095).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP abused its discretion by ignoring explicit antidumping and countervailing duty scope language when it found that importer and AD/CVD petitioner Pitts Enterprises evaded the AD/CVD orders on chassis and subassemblies thereof from China, Pitts argued in a Nov. 6 complaint at the Court of International Trade. The importer admitted to integrating Chinese axle and landing gear leg components into finished chassis shipments, which were finished in Vietnam, but it said individual Chinese components were "explicitly removed from the scope" (Pitts Enterprises v. U.S., CIT # 23-00234).
CBP announced it began a formal Enforce and Protect Act investigation on whether U.S. importer Besttn Industry evaded antidumping and countervailing duty orders on cast iron soil pipe and fittings from China and has imposed interim measures due to reasonable suspicion that Besttn entered covered merchandise.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The "true nature" of a case brought by Turkish exporter Eregli Demir ve Celik Fabrikalari (Erdemir) is to challenge the International Trade Commission's finding on non-negligiblity in the underlying antidumping duty investigation on hot-rolled steel from Turkey, despite Erdemir's insistance that the challenge is to the ITC's decision not to hold a reconsideration proceeding, a group of defendant-intervenors led by Cleveland-Cliffs said in their Nov. 3 reply at the Court of International Trade (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, CIT # 22-00349).
CBP has determined that LDL Trading Company evaded the antidumping and countervailing duty orders on cast iron soil pipe and cast iron soil pipe fittings from China, it announced in an Oct. 30 notice. CBP said that substantial evidence showed that LDL imported Chinese-origin soil pipe and fittings transshipped through Malaysia and misclassified covered merchandise as goods not subject to the AD/CVD orders.
Two importers took to the Court of International Trade to challenge the Commerce Department's final determination that Chinese-origin unfinished pipe fittings that undergo final processing in Vietnam are under the scope of the antidumping duty order on carbon steel butt-weld pipe fittings from China. The companies, International Piping & Procurement Group and Norca Industrial Co., said in a pair of complaints that Commerce's analysis, which found that the goods were not substantially transformed in Vietnam, was "flawed" and ignored key evidence (International Piping & Procurement Group v. United States, CIT # 23-00232) (Norca Industrial Co. v. United States, CIT # 23-00231).