Meyer Corp.'s imports of cookware do not qualify for first-sale treatment, the Court of International Trade held in a Feb. 9 opinion. After ruling against Meyer's bid for a retrial in the opinion, Judge Thomas Aquilino said that, because the court doesn't know the extent to which parent company Meyer Holdings had the ability to influence the price paid for the goods sold between affiliates, due to the company's failure to submit its financial information, the use of first sale was not supported.
The Commerce Department failed to explain how its policy of presuming that exporters from non-market economies (NMEs) are controlled by the state and thus deserving of a single NME-wide antidumping rate is rooted in either the statute or Commerce's regulations, the Court of International Trade ruled in a Feb. 9 opinion. Remanding the case over questions on the policy's legal origins for a second time, Judge Richard Eaton also called into question how the NME presumption policy weighs against Commerce's legal obligation to calculate an individual rate for a mandatory respondent using its own data.
The Court of International Trade erred by relying on information not presented to the Commerce Department in a scope case, misinterpreting the International Trade Commission's findings in the original injury proceeding and mischaracterizing statements in other ITC cases, appellant Wheatland Tube Co. argued in a Feb. 3 reply brief at the U.S. Court of Appeals for the Federal Circuit. Exporter Saha Thai Steel Pipe's arguments supporting the CIT's analysis "are unpersuasive," since they ignore the plain language of the relevant antidumping duty order, the brief said (Saha Thai Steel Pipe Public Company v. United States, Fed. Cir. # 22-2181).
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 should dismiss a penalty case against defendant Zhe "John" Liu since the statute of limitations had run out by the time the case was filed, and because the government has not established how Liu was connected to the allegedly fraudulent scheme, Liu argued in a Feb 7 brief at the Court of International Trade (U.S. vs. Zhe "John" Liu, CIT # 22-00215).
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President Donald Trump legally expanded the Section 232 national security tariffs to include steel and aluminum "derivative" products despite implementing the expansion beyond procedural deadlines laid out in the statute, the U.S. Court of Appeals for the Federal Circuit ruled in a Feb. 7 opinion. Relying on the appellate court's opinion in Transpacific Steel v. U.S., in which the court said that the president can adjust the tariffs beyond these time limits if it relates to the original plan of action laid out in the initial Section 232 tariff action, the Federal Circuit said that the expansion of the tariffs was related to the original plan.
CBP has opened an Enforce and Protect Act investigation on whether LDL Trading Company is evading antidumping and countervailing duty orders on cast iron soil pipe and pipe fittings from China, and has imposed interim measures, according to Feb. 1 notice.
CBP has opened an Enforce and Protect Act investigation on whether Superior Commercial Services (SCS) evaded antidumping and countervailing duty orders on quartz surface products from China and has imposed interim measures, according to Feb. 2 notice. The agency said there is a reasonable suspicion that SCS transshipped quartz surface products from China through Vietnam to evade AD/CVD of up to 526.14%.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: