The Court of International Trade in a Jan. 13 order granted the Commerce Department's voluntary remand request in an antidumping duty case. Commerce wanted the remand period to review the non-selected respondents' rate in an AD review since the rate was based on the prior administrative review's rate, which was changed after separate litigation at the trade court (Danyang Weiwang Tools Manufacturing Co. v. U.S., CIT # 19-00006).
The Court of International Trade should have allowed a company that filed an attorney conflict-of-interest suit involving an International Trade Commission AD/CVD injury proceeding to amend its allegations to comply with the court's opinion, rather than dismissing the case outright with leave to file under a different jurisdictional provision, said the company, Amstead Rail Co., in an opening brief filed Jan. 13 at the U.S. Court of Appeals for the Federal Circuit (Amsted Rail Company v. United States, 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:
The Customs Rulings Online Search System (CROSS) was updated Jan. 11 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 Commerce Department properly found that two out of three types of glass surface products made by SMA Surfaces, formerly known as Polarstone US, are included within the scope of the antidumping and countervailing duty orders on quartz surface products from China, the Court of International Trade found in a Dec. 12 opinion. However, Commerce did not support its finding that the remaining type fits under the orders, Judge Gary Katzmann ruled while remanding the case.
Richard Kazmaier, former associate professor of biology at West Texas A&M University, was sentenced to six months in prison, three years of post-release supervision and a $5,000 fine for "importing protected wildlife" without declaring it or getting the proper permits, DOJ announced Jan. 11. Kazmaier admitted to importing around 358 wildlife items -- skulls, skeletons and taxidermy mounts -- in violation of the Lacey Act.
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 illegally based the dumping rate for separate rate respondents on a single mandatory respondent, plaintiffs Carbon Activated Tianjin Co. and Carbon Activated Corp. argued in a Jan. 9 complaint at the Court of International Trade. The U.S. Court of Appeals for the Federal Circuit established that Commerce is not allowed to do so, in its August 2022 decision in YC Rubber (North America) v. U.S., the plaintiffs said (Carbon Activated Tianjin Co. v. United States, CIT # 22-00335).
The Commerce Department stuck by its decisions not to account for compliance costs in its countervailing duty calculations for programs under the Electricity Tax Act and Energy Tax Act and to find that Germany's KAV program is de jure specific, in remand results filed with the Court of International Trade on Jan. 10. Commerce said that it did not make any changes to the CVD rates in the investigation for respondent BGH Edelstahl Siegen (BGH Edelstahl Siegen v. United States, CIT # 21-00080).
CBP is reversing its finding that six companies evaded antidumping and countervailing duty orders on aluminum extrusions from China, after finding it did not consider important evidence when it affirmed the original evasion finding in an administrative review, in remand results filed Jan. 4 at the Court of International Trade (H&E Home Inc., et al. v. United States, CIT # 21-00337).