Antidumping respondents led by Z.A. Sea Foods (ZASF) mischaracterized the record when arguing in favor of the Court of International Trade's rejection of the Commerce Department's finding that ZASF's third country sales to Vietnam were not representative of the company's sales in the third country market, petitioner Ad Hoc Shrimp Trade Action Committee said in a reply brief. The petitioner told the U.S. Court of Appeals for the Federal Circuit that the trade court illegally reweighed the evidence on ZASF's Vietnamese sales, usurping Commerce's authority in the AD review on frozen warmwater shrimp from India (Z.A. Sea Foods Private Ltd. v. U.S., Fed. Cir. # 23-1469).
Canada's proposed "last sale" change to its customs valuation practice could present a host of problems for customs brokers, law firm Neville Peterson said in a blog post. If the regulatory change, which would require imports to be assessed duties according to the price of their "sale for export," is approved, brokers would have to examine resales to accurately file entries and would "no doubt be required to file many post-importation adjustments," the firm said.
The U.S. Court of Appeals for the Federal Circuit in a June 22 order denied a bid for panel rehearing and rehearing en banc in the suit on President Donald Trump's expansion of Section 232 steel and aluminum duties onto derivative products. Judges Kimberly Moore, Pauline Newman, Alan Lourie, Timothy Dyk, Sharon Prost, Jimmie Reyna, Richard Taranto, Raymond Chen, Todd Hughes, Kara Stoll and Leonard Stark made the decision denying the petitioners, ruling that the mandate will be issued June 29 (PrimeSource Building Products v. United States, Fed. Cir. # 21-2066).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Customs Rulings Online Search System (CROSS) was updated June 21 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):
The European Council dropped two names from its Democratic Republic of the Congo sanctions regime following a ruling from the EU General Court. The individuals, Kalev Mutondo and Emmanuel Ramazani Shadary, were originally listed for obstructing the 2018 elections in the Congo, the council said June 19. In March, the General Court ruled that the council failed to adequately link Shadary and Mutondo and the security situation in the Congo.
The Court of International Trade on June 20 upheld CBP's finding that importer Skyview Cabinet USA evaded the antidumping and countervailing duty orders on wooden cabinets and vanities from China. Judge Stephen Vaden said that, contrary to Skyview's claims, CBP adequately found that "contradictions, omissions, and inconsistencies" in the company's submissions were enough to find the data to not be credible and that the record backs the evasion findings against the firm.
The U.S. and Mexico have been consulting about U.S. complaints about favoritism to Mexican energy providers for 11 months, with no public movement toward a dispute settlement panel, and Karen Antebi, a former NAFTA negotiator, said she doesn't expect that to change in the next year.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Customs Rulings Online Search System (CROSS) was updated June 15 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):