The Commerce Department failed to justify its reliance on a third-country company's financial statements for calculating constructed value in an antidumping duty review despite a U.S. Court of Appeals for the Federal Circuit opinion that called that reliance into question, the Court of International Trade said. Remanding Commerce's finding for the third time in a Dec. 22 opinion, Judge Mark Barnett said that Commerce did not adequately distinguish the review from a case in which the company's financial statements were found to be unsuitable since there was evidence of a subsidy.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Importer TR International Trading Company's imports of citric acid anhydrous is not subject to the antidumping and countervailing duty orders on citric acid from China, and CBP was wrong to liquidate the entries as such, TRI said in a Dec. 22 complaint at the Court of International Trade. Seeking to get the court to rule against CBP's decision to liquidate its entries as being from China and not from India, TRI also blasted a Customs Laboratory's role in the process (TR International Trading Company v. United States, CIT #19-00217).
The Commerce Department found that importer Star Pipe Products' 11 ductile iron flanges are not subject to the antidumping duty order on cast iron pipe fittings from China, in Dec. 22 remand results submitted to the Court of International Trade, though it did so under protest (Star Pipe Products v. United States, CIT #17-00236).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
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 needs to reconsider its decision to deny an antidumping duty review respondent a level-of-trade (LOT) adjustment related to the company's home market sales, the Court of International Trade said in a Dec. 17 opinion. Seeing as the decision was based on a factual finding not backed by enough evidence and a second finding that is "vague and conclusory," Commerce needs to take another look at the issue, Judge Timothy Stanceu said.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Antidumping petitioner Wheatland Tube Company is appealing an October Court of International Trade opinion sustaining the Commerce Department's decision to drop a particular market situation adjustment from the sales-below-cost test. According to a Dec. 17 notice of appeal, Wheatland Tube will take the case to the U.S. Court of Appeals for the Federal Circuit. The case concerns the 2016-17 administrative review of the antidumping duty order on circular welded non-alloy steel pipe from South Korea. The trade court originally found that the statute does not permit a PMS adjustment to a respondent's cost of production in the sales-below-cost test (see 2110190054). This interpretation was recently upheld by the Federal Circuit, which found that such an adjustment is only permitted when calculating constructed value (see 2112100039) (Husteel Co., Ltd. v. United States, CIT Consol. #19-00107).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: