CBP erred when it assessed antidumping and countervailing duties on imported sinks and kits from Taiwan as if they had originated from China, importer and seller RH Peterson said in a Nov. 29 complaint at the Court of International Trade (RH Peterson Co. v. United States, CIT # 20-00099).
Country of origin cases
CBP cannot rely on country trade patterns as specific evidence for evasion of antidumping and countervailing duties in Enforce and Protect Act proceedings, importer Skyview Cabinets USA argued in a Nov. 29 reply brief at the Court of International Trade. CBP also erred by relying on statements from a corporate investigator, paid for by the alleger in the EAPA case, that are "inconsistent with the record." While Masterbrand tries to "downplay" facts presented by Skyview by using words such as "discrepancies, deficiencies, inconsistencies, and omissions," CBP never investigated any of these perceived discrepancies as required by law, Skyview said (Skyview Cabinet USA v. United States, CIT #22-00080).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
An amended complaint in a conflict-of-interest case does not cure the fundamental deficiencies of the suit, the U.S. argued in a second motion to dismiss at the Court of International Trade. While the amended complaint included specific examples of alleged ethical violations committed by plaintiff Amsted Rail Co.'s former counsel and a declaration from an ethics expert, the case still suffers from a lack of jurisdiction, the government said (Amsted Rail Co. v. United States, CIT # 22-00316).
The Court of International Trade erred by upholding the Commerce Department's exclusion of dual-stenciled pipe from the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand, defendant-appellant Wheatland Tube Co. told the U.S. Court of Appeals for the Federal Circuit in its opening brief. Commerce's original scope ruling including dual-stenciled pipe was backed by evidence since the pipe met the physical characteristics laid out in the scope of the order "and was made to an industrial specification for standard pipe" (Saha Thai Steel Pipe Public Co. v. United States, Fed. Cir. # 22-2181).
Surety company Aegis Security Insurance Co. must pay more than $100,000 in unpaid duties on an entry of honey from China imported in 2002, the U.S. argued in a Nov. 22 complaint at the Court of International Trade. The suit, filed under Section 1582, echoes another case brought against Aegis that looks to collect duties on entries of garlic that liquidated in 2006 (see 2211010037). The surety in that case has argued that the statute of limitations has passed for the action, claiming that the U.S. has a six-year window to file such action that runs from the date of liquidation. The U.S. says that this window starts from when CBP makes a demand for payment (United States v. Aegis Security Insurance Co., CIT # 22-00327).
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 in a Nov. 23 order denied plaintiff-appellee Hitachi Energy USA's motion for panel rehearing and rehearing en banc in an antidumping duty case. In a May opinion, the Federal Circuit ruled that the Commerce Department improperly used adverse facts available on respondent Hyundai Heavy Industries Co. over its reporting of service-related revenue. The court said Hyundai had the right to supplement the record and that Commerce can't claim the company shirked its obligations in the review (see 2205240028) (Hitachi Energy USA v. United States, Fed. Cir. #20-2114).
Plaintiffs in a conflict-of-interest suit against the Commerce Department at the Court of International Trade, led by Amsted Rail Co., amended their complaint after a similar case of theirs against the International Trade Commission was dismissed for lack of subject matter jurisdiction. The amended complaint added a specific alleged instance in which ARC gave its former counsel, Daniel Pickard, now of Buchanan Ingersoll, information that is now being used against it in antidumping and countervailing duty proceedings (Amsted Rail Co. v. United States, CIT #22-00316).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: