On February 14, 2011, the Court of Appeals for the Federal Circuit issued a decision upholding the calculation methods of the International Trade Administration in a court remand over an antidumping administrative review of circular welded carbon steel pipes and tubes from Thailand for the period March 2006 - February 2007 (the decision upheld the ITA’s accounting for duty drawbacks on imported components, among other issues). Subsequently the parties to the litigation filed motions to proceed with liquidation of the merchandise, indicating no party intended to appeal the matter further. However, the Court of International Trade ruled that it could not modify the injunction against liquidation that is still in place, until the CAFC formally issues its mandate. (See ITT’s Online Archives or 02/18/11 news, 11021817, for BP summary of CAFC decision upholding duty drawback adjustments for Saha Thai.) (Slip Op. 11-29, dated 03/22/11)
Drawback
A duty drawback is a refund by CBP of the duties, taxes, or fees paid on imported goods, which were imposed upon importation as prescribed in 19 U.S.C. 1313(d). More broadly, a drawback also includes the refund or remission of other excise taxes pursuant to other provisions of law.
A Turkish producer/exporter of welded carbon steel pipe and tube asked the Court of International Trade to delay decisions in the company’s current suit over the final results of the antidumping duty administrative review for the period May 1, 2008 through April 30, 2009. The Turkish company, Borusan Mannesmann Boru Sanyi ve Ticaret A.S., argued that appeals of other cases now before the Court of Appeals for the Federal Circuit (including the Saha Thai case) may affect its challenge of two practices of the International Trade Administration: the inclusion of unpaid import duties in production cost calculations, and “zeroing” (counting only transactions with positive dumping margins and omitting non-dumped sales) in the calculation of weighted averaged dumping margins. The CIT ruled that the appeals court had not yet precisely addressed the zeroing question in the circumstances applicable to Borusan, and issued a stay pending the exhaustion of the right of appeal in the two cases bearing on Borusan’s challenges. (Slip Op. 11-30, dated 03/22/11).
Registration is now open for the American Association of Exporters and Importers’ (AAEI) 90th Annual Conference, which will be held on June 5-7, 2011 in New York. Among others, Secretary of Homeland Security Janet Napolitano, Bureau of Industry and Security Undersecretary Eric Hirschhorn, and U.S. Customs and Border Protection ACE Executive Director Cindy Allen are expected to speak at the conference.
Various U.S. government agencies are seeking comments on the following information collections for which they have requested or intend to request Office of Management and Budget approval or extension of approval (see notices for specific details):
Canada Border Services Agency (CBSA) is announcing that it has experienced a delay in the issuance of annual renewals of authorizations required pursuant to the Remission Orders for tailored collar shirts, outerwear greige fabrics, shirting fabrics, outerwear apparel, and blouses, shirts and co-ordinates, due to a quality assurance review being conducted by the CBSA. Note that these six orders remain in effect until December 31, 2012. As an alternative to Remission Orders, drawback claims can be filed to the recover duties paid on qualifying goods.
Brazil's Ministry of Development, Industry and Foreign Trade announced that effective February 21, 2011, Brazil changed its drawback regime by reducing or eliminating import taxes on raw materials used in finished products destined for export in order to help make Brazilian exports more competitive.
A remand redetermination of the final results of the March 2006 -- February 2007 AD administrative review of carbon steel pipes from Thailand brought appeals from both the Thai producer and domestic producers, over how and whether the ITA should add duty drawback adjustments (which are granted by the exporting country on re-exported materials), to normal value and to the cost-of-production calculations that serve to eliminate below-cost sales from margin calculations. The Court of Appeals for the Federal Circuit ruled that the ITA did not err in granting a duty drawback adjustment, increasing export prices, and increasing the cost of production by the amount of the exempted duties. (See ITT’s Online Archives or 11/24/09 news, 09112440, for BP summary of earlier CIT decision) (Appeal Number 2010-1220, dated 02/14/11.)
CBP has posted the following updated entry, summary, and drawback points of contact:
U.S. Customs and Border Protection has posted an updated version of its notice announcing that the next customs broker license exam will be held on Monday, April 4, 2011.
CBP has posted the following updated entry, summary, and drawback points of contact: