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
CBP properly classified Shamrock Building Materials' steel conduit tubing imports from Mexico as steel tubing and not insulated fittings, the Court of International Trade ruled March 13. Judge Timothy Stanceu said the "uncontested facts" show the tubing is not insulated and is therefore subject to 25% Section 232 steel tariffs.
DOJ has asked the Court of International Trade permission to add AB MA Distribution Corporation as a defendant alongside Zhe "John" Liu and GL Paper Distribution in an amended complaint in a penalty case at the Court of International Trade. AB MA is allegedly a shell company through which Liu continued an illegal transshipment scheme to import Chinese-origin wire hangers through Malaysia, India and Thailand in order to evade antidumping and countervailing duties (see 2302070047) (United States v. Zhe "John" Liu, CIT # 22-00215).
The Commerce Department properly included sales of solar cells from China to JA Solar USA from antidumping duty respondent Invertec Solar Energy Corp. as U.S. sales, the Court of International Trade ruled March 10. No party contested Commerce's remand results (JA Solar International v. United States, CIT # 21-00514).
The Commerce Department properly found that a type of aluminum sheet imported from Turkey by AA Metals was covered by the antidumping and countervailing duty orders on common alloy aluminum sheet from China, the Court of International Trade ruled in a March 10 opinion.
Judge Stephen Vaden of the Court of International Trade said he did not understand why CIT cases involving presidential decisions or constitutional claims are not allowed direct appeals to the Supreme Court. Speaking March 8 on the "Original Jurisdiction" podcast, Vaden detailed the way constitutional claims are heard at CIT and explained how they are different from other federal courts.
The Court of International Trade remanded the Commerce Department's decision not to use adverse facts available for Assan Aluminyum Sanayi ve Ticaret's billing adjustments in an antidumping duty investigation on common alloy aluminum sheet from Turkey, in a March 1 opinion made public March 8.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP legally initiated an Enforce and Protect Act case on Columbia Aluminum Products' door thresholds even though they had been ruled exempt from antidumping and countervailing duties on aluminum extrusions from China, in a Commerce Department scope ruling upheld by the Court of International Trade (see 2212190051), the government told the trade court in a March 7 brief. CBP said EAPA petitioner Endura Products' evasion allegations against the importer came before the CIT decision and were valid "at the time they were made," DOJ said (Columbia Aluminum Products v. United States, CIT Consol. # 19-00185).
The Court of International Trade should again remand the results of a countervailing duty investigation on carbon and alloy steel cut-to-length plate from South Korea to address allegations the Korean government provided off-peak electricity for less-than-adequate-remuneration, Nucor argued March 2 at the Court of International Trade. It also argued Commerce should reconsider whether to treat POSCO's affiliate, POSCO Plantec, as a cross-owned input supplier (Nucor v. U.S., CIT # 21-00182).