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. District Court for the District of Columbia adopted an amended briefing schedule in U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman's case against three of her colleagues pertaining to their fitness investigation of the 96-year-old judge (Hon. Pauline Newman v. Hon. Kimberly Moore, D.D.C. # 23-01334).
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. asked for an extended stay in a customs penalty suit against Greenlight Organic and its owner Parambir Singh "Sonny" Aulakh given that the U.S. Attorney for the Southern District of New York opened a criminal investigation on the evidence recovered during a search of Aulakh's residence. Filing a status report in the Court of International Trade, the government said the case should be stayed until Jan. 2, after which the U.S. will file another status report "updating the Court on whether a continued stay is needed" (United States v. Greenlight Organic, CIT # 17-00031).
The World Trade Organization will host a virtual event Oct. 11 at 7 a.m. EDT covering trade-facilitating measures pertaining to product rules of origin. Tanzania's Elia Mtweve, current chair of the Committee on Rules of Origin, will open the event, which will discuss "initiatives being implemented to simplify rules of origin and facilitate compliance with origin requirements," WTO announced. Also speaking will be WTO member government representatives, international organization officials and academics.
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 in an Oct. 4 opinion vacated part of its prior decision in an antidumping case remanding the Commerce Department's methodology for calculating an adverse facts available rate for mandatory respondent Sino-Maple (JiangSu) Co. Judge Richard Eaton said Commerce can use the highest transaction-specific dumping margin for the other mandatory respondent in the review, Senmao, as the total AFA rate for Sino-Maple after initially rejecting the move. The opinion comes as part of the sixth AD review on multilayered wood flooring from China. Commerce did not submit a remand redetermination following Eaton's original decision but instead vied for reconsideration of the opinion.
The Court of International Trade's decision ordering CBP to reliquidate customs entries flatly cuts against a recent U.S. Court of Appeals for the Federal Circuit decision that ruled against reliquidation after a court case led to a higher dumping rate for a different exporter, retail giant Target told the appellate court (Target v. U.S., Fed. Cir. # 23-2274).
The Customs Rulings Online Search System (CROSS) was updated Sept. 29 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
U.S. steel companies "confuse" a case from Turkish exporter Eregli Demir ve Celik Fabrikalari (Erdemir) seeking reconsideration of an International Trade Commission negligibility decision due to new facts with an "attack on the original negligibility decision," Erdemir said. Filing a reply brief to the steel companies' motion to dismiss for lack of jurisdiction under Section 1581(i), the Court of International Trade's "residual jurisdiction," Erdemir said the true nature of its action challenges the ITC's "refusal to initiate a reconsideration proceeding to reconsider the neglibitily determination" of hot-rolled steel from Turkey "in light of the successful appeal of Colakoglu" (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, CIT # 22-00349).