The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Ben Perkins
Ben Perkins, Assistant Editor, is a reporter with International Trade Today and its sister publications, Trade Law Daily and Export Compliance Daily, where he covers sanctions, court rulings, and other international trade issues. He previously worked as a trade analyst for a Washington D.C. advisory firm. Ben holds a B.A. in English from the University of New Hampshire and an M.A. in International Relations from American University. Ben joined the staff of Warren Communications News in 2022.
The Commerce Department correctly reversed its use of adverse facts on remand in an antidumping duty review on imported steel nails from Oman, both DOJ and respondent Oman Fasteners said in two sets of remand comments, both filed Sept. 22 at the Court of International Trade (Oman Fasteners v. U.S., CIT # 22-00348).
The Commerce Department reasonably explained its decision to include in-transmit mattresses in its quarterly ratio calculations for an antidumping duty investigation on mattresses from Indonesia, AD petitioner Brooklyn Bedding said in Sept. 22 remand comments at the Court of International Trade. Respondent Zinus "points to nothing in the statute or Department practice that requires CEP inventory items to be 'physically held' by the seller at the time of sale," Brooklyn Bedding said (PT. Zinus Global Indonesia v. U.S., CIT # 21-00277).
The Customs Rulings Online Search System (CROSS) was updated Sept. 21 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):
Actuators used in automotive applications that were produced in Mexico from Chinese, Mexican, U.S. and Taiwanese components are correctly Mexican origin and shouldn't have been assessed Section 301 tariffs, importer Suprajit said in a Sept. 22 complaint at the Court of International Trade (Suprajit Controls v. U.S., CIT # 23-00181).
In the Sept. 13 Customs Bulletin (Vol. 57, No. 33), CBP published a proposal to revoke and modify ruling letters concerning a playing cards and to modify another regarding a pet bowl mat.
Low-carbon steel blanks imported from China are covered by the scope of an antidumping duty order on tapered roller bearings and parts thereof from China, the Commerce Department said in a Sept. 19 scope ruling.
The Commerce Department erred on remand when it stuck by its benchmark picks for the land program and the aluminum plate, sheet and strip program in a lawsuit on the 2016-17 administrative review of the countervailing duty order on aluminum foil from China, Chinese aluminum exporter Zhongji said in its Sept. 18 remand comments to the Court of International Trade (Jiangsu Zhongji Lamination Materials Co. v. U.S., CIT # 21-00133).
The Commerce Department mistakenly relied on the invoice dates rather than contract dates as dates of U.S. sales, resulting in a miscalculation of duties in the 2020-2021 antidumping duty review on steel concrete reinforcing bar from Turkey, Turkish rebar exporters Kaptan and Colakoglu said in a Sept. 18 brief at the Court of International Trade. The brief came in support of a motion for judgment, which asked the court to remand the case to Commerce for reconsideration of the date of sale for U.S. sales and recalculation of the antidumping rates (Kaptan Demir Celik Endustrisi Ve Ticaret v. U.S., CIT # 23-00059).
In the Sept. 13 Customs Bulletin (Vol. 57, No. 33), CBP published a proposal to revoke ruling letters concerning processed brewer's saved grains and a wooden box from China.