A direct forming hollow section line or “tube mill" is correctly classified under Harmonized Tariff Schedule of the U.S. heading 8462 as a machine tool rather than under heading 8455 as a metal-rolling mill, according to a recently released CBP ruling. The ruling came in response to an application for further review of a denied protest filed by Dundee Products.
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 Court of International Trade should sustain the Commerce Department's remand results in an antidumping duty case on xanthan gum from China, DOJ argued in its Sept. 12 response at the Court of International Trade. In June, Commerce stuck by its decisions to apply adverse facts available to Meihua, not to rescind its review of Deosen Biochemical, and not to recalculate a separate rate, in spite of a court order to reconsider all three (see 2306280043) (Meihua Group International (Hong Kong) v. U.S., CIT # 22-00069).
The Customs Rulings Online Search System (CROSS) was updated Sept. 12 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 following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department's constructed value profit and selling expenses calculation for the 2019-2020 antidumping duty administrative review on oil country tubular goods from South Korea remains unsupported by substantial evidence after a remand, South Korean exporter Hyundai Steel said in its Sept. 12 comments to the Court of International Trade. Hyundai partially opposed the remand results despite the department's lowering of Hyundai's dumping margin, from 19.54% to 9.63% (see 2308160065) (Hyundai Steel Co. v. U.S., CIT # 22-00138).
Both the government and defendant Crown Cork & Seal USA said they're experiencing delays in discovery in a fraud case against the importer, they said in a Sept. 8 joint status report. The case concerns metal can lid imports entered between 2004 and 2009 and valued at around $51 million. The government did not produce the requested 52 discovery requests by the Aug. 21 due date and Crown said it has experienced issues with third-party discovery relating to unaffiliated brokers (U.S. v. Crown Cork & Seal USA, CIT # 21-00361).
Importer Magid Glove & Safety Manufacturing and DOJ argued during oral arguments Sept. 7 whether a test established in a previous U.S. Court of Appeals for the Federal Circuit case meant that plastic-dipped knit gloves are correctly classified as articles of plastic rather than as gloves under the Harmonized Tariff Schedule (Magid Glove & Safety Manufacturing v. U.S., Fed. Cir. # 22-1793).
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:
Canadian exporter Midwest-CBK asked the Court of International Trade to enter judgment against it in a case involving whether sales from a Canadian warehouse to U.S. customers are "sales for export to the U.S." or "domestic sales." Midwest said that over the course of the now six-year-old case, it ceased actively doing business and restructured itself, which has made complying with court orders to produce evidence impossible (Midwest-CBK, LLC v. U.S., CIT Consol. # 17-00154).