The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department unlawfully failed to adjust non-selected companies' cash deposit and assessment rates to account for export subsidy offsets in an antidumping duty review, an association of Indian producers and exports of quartz surface products said in a Feb. 27 complaint at the Court of International Trade (Federation of Indian Quartz Surface Industry v. U.S., CIT # 23-00026).
The Court of International Trade’s recent tariff classification decision on Cyber Power’s uninterruptible power supplies “may be a meaningful reset of the law of substantial transformation,” moving the analysis back to a comparison between parts and finished components after a period of focus on essence or critical components, customs lawyer Larry Friedman said in a Feb. 27 blog post.
The Customs Rulings Online Search System (CROSS) was updated Feb. 24 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 Court of International Trade should reject a Commerce Department Section 129 determination on ripe olives from Spain that continued to apply countervailing duties for subsidies to upstream raw olives despite an underlying World Trade Organization ruling to the contrary, a Spanish industry association and two foreign growers and exporters of olives argued in a Feb. 27 complaint at the Court of International Trade (Asociacion de Exportadores e Industriales de Aceitunas de Mesa v. U.S., CIT # 23-00039).
The Court of International Trade on Feb. 27 ruled in favor of an importer on the Philippine origin of one of its models of power supplies and surge protectors, but found the importer didn’t prove a substantial transformation occurred for five others and upheld CBP’s finding of Chinese origin for those models.
The Court of International Trade upheld the Commerce Department's interpretation of the Major Inputs Rule to allow for the use of third-country surrogate data as "information available" for determining the cost of production of a major input a respondent bought from an affiliated non-market economy-based supplier.
Global trade fared better than predictions for 2022 despite the disruptions caused by the war in Ukraine, the World Trade Organization reported in a Feb. 23 information note. Various industries were able to find alternative sources of supply for goods affected by Russia's invasion, including wheat, maize, sunflower products, fertilizer, fuels and palladium.
The Court of International Trade doesn't have jurisdiction to hear plaintiff-appellant Amsted Rail Co.'s attorney conflict of interest case because it should have instead been filed as a challenge to the antidumping and countervailing duty investigations, and in any case ARC doesn't prove a conflict of interest existed from the participation of its former counsel in the investigations, the ITC and defendant-intervenor Coalition of Freight Rail Producers argued in a pair of reply briefs filed Feb. 22 at the U.S. Court of Appeals for the Federal Circuit (Amsted Rail Co. v. U.S., Fed. Cir. # 23-1355).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: