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 an Aug. 28 order allowed the Canadian government and eight Canadian exporters to file an amicus brief in a case on the Commerce Department's use of the Cohen's d test as part of its analysis to root out "masked" dumping. The Canadian government and companies asked for leave to file the brief earlier this month in the case in which the appellate court originally questioned the use of the test, arguing that Commerce is not using the statistical tool "in any coherent sense" (see 2308020027). The brief objected to the agency's defense of the test, which said that it can use the tool despite not satisfying base statistical assumptions since it is using the whole population of data instead of a sample (Stupp Corp. v. U.S., Fed. Cir. # 23-1663).
The Commerce Department's use of an adverse inference against exporter Yama Ribbons and Bows Co. for its supposed benefit from China's Export Buyer's Credit Program was "critically flawed," the Court of International Trade ruled on Aug. 25. Judge Timothy Stanceu, remanding the 2018 review of the countervailing duty order on woven ribbon from China, said that Commerce based its use of adverse facts available on "missing" information from the Chinese government that the agency never actually requested. The judge added that submissions from the Chinese state, along with Yama itself, stand as enough to refute any finding that the exporter benefitted from the EBCP.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Five U.S. steel companies -- ArcelorMittal Tubular Products, Michigan Semaless Tube, PTC Alliance Corp., Webco Industries and Zekelman Industries -- moved to dismiss their suit against the Commerce Department's 2019-20 review of the antidumping duty order on cold-drawn mechanical tubing of carbon and alloy steel from India. The complaint had yet to be filed in the case, originally brought on July 26 (ArcelorMittal Tubular Products v. United States, CIT # 23-00147).
The Commerce Department revised its surrogate manufacturing overhead ratio and its surrogate hourly labor rate on remand at the Court of International Trade as part of a suit on the 2017-18 review of the antidumping duty order on multilayered wood flooring from China. Per the remand results, submitted on Aug. 24, Commerce raised the dumping rate for respondent Fusong Jinglong Wooden Group Co. from zero to 2.05%, while keeping the 0% rate for Jiangsu Guyu International Trading Co. The rate for the non-individually examined companies also rose to 2.05% (American Manufacturers of Multilayered Wood Flooring v. United States, CIT # 20-03948).
Vanity mirrors with speaker and a charging port or wireless charging pad are still classifiable in the tariff schedule as mirrors, CBP said in a recent ruling, denying an importer's protest for one entry but granting it for two others on the basis that the underlying entries were untimely reliquidated.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Vanguard National Trailer Corporation imported steel wheels from China covered by antidumping and countervailing duty orders through evasion, according to the results of a recently released Enforce and Protect Act (EAPA) investigation. CBP said that Vanguard had entered steel wheels "using false statements that they didn't contain covered merchandise," despite the company's protests that it believed the wheels were out of scope.
Correction: Importer YVC USA told CBP in the course of an Enforce and Protect Act (EAPA) investigation that it was unaware that its Chinese supplier was conducting an evasion scheme by transshipping Chinese-origin forged steel fittings through Sri Lanka (see 2308220028).