CBP illegally failed to apply exclusions for Section 232 steel and aluminum tariffs to eight shipments of hot wrought steel round bars even though the exclusions were granted after the shipments entered the U.S., importer Saarsteel argued in a complaint last week at the Court of International Trade. The company said it is CBP's practice to allow an importer to claim a granted exclusion via a post-summary correction or a protest when the exclusion was granted after the entry was made but "relates back to a submission date covering the entry" (Saarsteel Inc. v. United States, CIT # 21-00271).
Country of origin cases
The Commerce Department correctly reconsidered Nucor’s ministerial error allegations in recalculating antidumping duty rates for Prolamsa and Maquilacero in its remand results on the 2018-19 administrative review on heavy walled rectangular welded steel pipes and tubes from Mexico, Nucor said in May 26 response comments to the remand redetermination at the Court of International Trade (Nucor Tubular Products v. U.S., CIT # 21-00543).
The Commerce Department correctly reconsidered ministerial error comments in recalculating antidumping duty rates in its remand results on the 2018-19 administrative review on heavy walled rectangular welded steel pipes and tubes from Mexico, DOJ said in its May 25 response to remand comments at the Court of International Trade (Nucor Tubular Products v. U.S., CIT # 21-00543).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. Court of Appeals for the Federal Circuit again rejected the Coalition of Freight Coupler Producers' bid to redact 180 unique words in its reply brief in an attorney conflict-of-interest suit. Judge Alan Prost said most of the information the coalition is seeking to redact was made publicly available in the Court of International Trade proceeding, and said information relating to the terms of an engagement agreement the coalition sought to redact was "disclosed without objection" in importer Amsted Rail's opening and reply briefs (Amsted Rail Co. v. U.S., Fed. Cir. # 23-1355).
Importer Pitts Enterprises evaded antidumping and countervailing duty orders on certain chassis and subassemblies from China, according to a May 23 Enforce and Protect Act (EAPA) notice. The agency said that Pitts knowingly imported finished chassis with numerous Chinese-origin subassemblies as products of Vietnam only, without disclosing the Chinese-origin components.
The International Trade Commission didn't properly consider the "unprecedented conditions" of competition during the period of review in its investigation on oil country tubular goods (OCTG) from Argentina and Mexico, which led to "erroneous volume, price, and impact determinations, Tenaris Bay City and consolidated plaintiffs from two other cases said in a May 22 motion for judgment at the Court of International Trade (Tenaris Bay City, Inc. v. U.S., CIT # 22-00344).
World Trade Organization members negatively affected by national security-related trade restrictions may be able to impose retaliatory measures as a way to address the U.S. gripe with the body's review of national security issues, former Office of the U.S. Trade Representative counsel Warren Maruyama and former WTO deputy director-general Alan Wolff said. In a working paper released by the Peterson Institute for International Economics, Maruyama and Wolff propose a compromise to the U.S. position that national security claims are nonreviewable.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: