The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The State Department published its annual list of countries certified to export shrimp to the U.S. without a certification from a government official on State Form DS-2031. The qualified countries have met at least one of two conditions: they have a regulatory program for protection of sea turtles that's comparable to that of the U.S., or the fishing environment of the country poses no risk to sea turtles.
The U.S. Court of Appeals for the Federal Circuit in a June 7 order affirmed the Court of International Trade's decision to sustain the Commerce Department's use of antidumping duty respondent Z.A. Sea Food's (ZASF's) Vietnamese sales to calculate normal value in an AD review on Indian frozen warmwater shrimp. The unanimous order from Judges Alan Lourie, Raymond Clevenger and Todd Hughes was issued without an accompanying opinion.
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website June 5, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.
Judges at the U.S. Court of Appeals for the Federal Circuit appeared skeptical that antidumping duty petitioner Ad Hoc Shrimp Trade Action Committee could overcome the Court of International Trade's discretionary finding that the petitioner failed to adequately argue that third country sales must be "for consumption" in the third country market when determining normal value (Z.A. Sea Foods v. United States, Fed. Cir. # 23-1469).
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website May 31, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.
The Commerce Department published notices in the Federal Register May 30 on the following AD/CV duty proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms or effective dates will be detailed in another ITT article):
The Commerce Department and the International Trade Commission published the following Federal Register notices May 30 on AD/CVD proceedings:
Suspension of liquidation and antidumping duty cash deposit requirements are set to take effect May 30 for imports of frozen warmwater shrimp from Ecuador (A-331-805) and Indonesia (A-560-842), after the Commerce Department found dumping in preliminary determinations in its ongoing AD duty investigations.
Lawyers gave feedback this week on recently issued Commerce Department antidumping and countervailing duty regulations, with at least one attorney saying the changes were mostly positive for petitioners. They also discussed challenges faced by different parties during International Trade Commission investigations, and they said they sided with the ITC in its ongoing defense of its treatment of confidential information at the Court of International Trade.