Importer Diamond Tools Technology did not make a "material and false statement" and so did not evade the antidumping and countervailing duty orders on diamond sawblades from China via Thailand, CBP said in remand results filed under protest with the Court of International Trade. CBP said it made its finding to bring the proceeding in line with the trade court's remand order, which said that DTT's "failure to declare" its pre-Dec. 1, 2017, imports as subject to the AD order was not a material and false statement under the Enforce and Protect Act (Diamond Tools Tech. v. Unied States, CIT # 20-00060).
Country of origin cases
The Commerce Department accepted ministerial errors originally rejected as untimely in an antidumping duty proceeding on remand at the Court of International Trade, raising the dumping rates for the two respondents should the remand results be sustained. Commerce corrected errors in respondent Prolamsa's currency conversion and respondent Maquilacero's quarterly cost methodology in the 2018-19 administrative review of the AD order on heavy walled rectangular welded steel pipes and tubes from Mexico, causing their AD rates to rise from zero percent to 2.11% for Prolamsa and to 3.48% for Maquilacero (Nucor Tubular Products v. United States, CIT # 21-00543).
CBP failed to consider the "double transformation" of polyethylene terephthalate (PET) chips as inputs into PET film from Bahrain, instead treating the chips as non-originating material for purposes of the minimum value content calculation, Bahrainian importer JBF told the Court of International Trade in a March 16 complaint. The suit challenges CBP's denial of duty-free treatment under the U.S.-Bahrain Free Trade Agreement for goods manufactured by JBF and CBP's refusal to deduct a post-import rebate from the price paid for PET chips, which are a component of PET film (JBF Bahrain v. U.S., CIT # 23-00067).
The Court of International Trade on March 16 refused to accept a second motion to dismiss from Zhe "John" Liu, a defendant in a penalty case, since it "is not a motion provided for by the rules of the court." Judge Jane Restani ruled that Liu's "excuse" for filing the second motion -- that "something signficant" intervened -- "is not well-taken." The trade court instead accepted Liu's first motion to dismiss, and told Liu to make sure future filings align with court rules (United States v. Zhe "John" Liu, CIT # 22-00215).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Exporter China Custom Manufacturing will file a motion for a rehearing and seek en banc review of the U.S. Court of Appeals for the Federal Circuit's decision finding the company's solar panel mounts do not qualify for the "finished merchandise" exclusion from the antidumping and countervailing duty orders on aluminum extrusions from China, George Tuttle, counsel for CCM, told Trade Law Daily (China Custom Manufacturing Inc. v. United States, Fed. Cir. # 22-1345).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP correctly classified a supermodule for use in hydrogen fuel-cell powerplants as parts of electric generators rather than as a water gas generator, DOJ argued in a March 15 motion at the Court of International Trade (HyAxium v. United States, CIT # 21-00057).
Industrial shredders imported by Vecoplan are classifiable as grinding and crushing tools under the Harmonized Tariff Schedule because the shredding operations break down material into small fragments and reduce the size of material by means of impacting the waste material, the importer argued in a March 15 motion (Vecoplan v. United States, CIT # 20-00126).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: