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
Trailer wheels manufactured by Asia Wheel in Thailand using discs and rims produced in Thailand from steel plates from China or a third country are not subject to the antidumping and countervailing duty orders on certain steel wheels 12 to 16.5 inches in diameter from China, the Commerce Department said in a scope ruling issued in April.
The Court of International Trade on May 22 upheld the Commerce Department's finding that both Guizhou Tyre Co. (GTC) and Double Coin Holdings failed to rebut the presumption of Chinese government control in the antidumping duty investigation on truck and bus tires from China. Despite Commerce's "inartful and internally-inconsistent approach" to the question of whether a company majority-owned by a government entity could ever prove to be free of government control, Judge Timothy Stanceu said the agency did enough to show that Double Coin did not pick its managers independently of the government-owned shareholder.
The Commerce Department should have at least allowed Japanese steel exporter Tokyo Steel to participate in an antidumping review on hot-rolled steel flat products from Japan as a voluntary respondent, importer Optima Steel International said in a May complaint at the Court of International Trade, arguing Commerce improperly chose only one respondent in the review (Optima Steel International v. U.S., CIT # 23-00108).
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 recently upheld the Commerce Department's finding that exporter Shantou Red Garden Food Processing Co. (Shantou Processing) was not the successor-in-interest to Red Garden Food Processing Co. (Red Garden), which subjected the exporter to antidumping duties on frozen warmwater shrimp from China.
Commerce misconstrued its own regulations when it ordered CBP to liquidate entries of Goodluck India's cold drawn mechanical tubing from India at a 33.7% adverse facts available antidumping duty rate derived from a subsequent court decision, rather than the zero percent rate that was actually in effect at the time of entry, the company said in a May 15 brief at the Court of International Trade (Goodluck India v. U.S., CIT # 22-00024).
Turkish exporter Eregli Demir ve Celik Fabrikalari's complaint challenging the International Trade Commission's decision not to institute a changed circumstances review of the antidumping duty order on hot-rolled steel flat products from Turkey should be dismissed because it's moot after the ITC subsequently decided to conduct a sunset review, the U.S. and five U.S. steel companies led by Cleveland-Cliffs argued in a pair of briefs (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, CIT # 22-00350).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Importer Cyber Power Systems (USA) failed to identify a flaw in the Court of International Trade's ruling concerning the origin of the company's uninterruptible power supplies, Judge Leo Gordon said in denying Cyber Power's bid for CIT reconsideration. The judge said the request "is premised on the incorrect assumption that the court found that" the importer overcame the presumption of correctness linked to CBP's country of origin determination, which found that the products were made in China.