CBP released the Nov. 9 Customs Bulletin (Vol. 50, No. 45), which contains the following ruling actions (here):
The Commerce Department published notice in the Nov. 10 Federal Register 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 will consider whether to end antidumping and countervailing duties on solar panels incorporated into certain battery charging and maintaining units, it said in a notice beginning a changed circumstances review of the AD/CVD orders on crystalline silicon photovoltaic products from China (A-570-010/C-570-011) and Taiwan (A-583-853) (here). The review was requested by PulseTech, an importer of the products. SolarWorld, which originally requested AD/CV duties on solar products, said it does not oppose partially revoking the orders with respect to solar-panels in battery chargers.
The Commerce Department and the International Trade Commission began five-year sunset reviews of the antidumping and countervailing duty orders on multilayered wood flooring from China (A-570-970/C-570-971), and the antidumping duty orders on gray portland cement and cement clinker from Japan (A-588-815), helical spring lock washers from China (A-870-822) and Taiwan (A-583-820), welded ASTM A-312 stainless steel pipe from South Korea (A-580-810) and Taiwan (A-583-815), and solid urea from Russia (A-821-801) and Ukraine (A-823-801).
The Bureau of Industry and Security is denying the export privileges of a Florida man who in 2013 was convicted for exporting two LTN-72 inertial navigation units to Turkey without obtaining necessary Commerce Department authorization, BIS announced (here). Junaid Peerani’s export privileges are denied until five years after his Aug. 14, 2013, conviction by the U.S. District Court for the Southern District of Florida. BIS also ordered a revocation of all licenses in which Peerani had an interest at the time of his conviction.
Already-liquidated entries aren’t eligible for refunds after an antidumping or countervailing duty order is revoked, even if the entries came after the effective date of revocation, the Court of International Trade said in a decision issued Oct. 25 (here). The court denied Thyssenkrupp’s attempts to reclaim antidumping duties it paid on corrosion resistant steel products it imported from Germany, finding CBP’s liquidation of the entries was not protestable, and that Commerce’s liquidation instructions complied with AD/CV duty laws that mandate sunset review revocations apply only to future entries, not retroactively.
President Barack Obama's executive order removing Myanmar sanctions (see 1610110029) included lifting an eight-year ban on Myanmar-origin jadeite and ruby imports, according to a Treasury Department fact sheet (here). Furthermore, the order removed all individuals and entities blocked under the Burmese Sanctions Regulations (BSR) from the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List, but doesn't impact Myanmar individuals or entities blocked pursuant to other OFAC sanctions authorities, including counter-narcotics sanctions, whose property and property interests remain blocked, Treasury said.
The Commerce Department is giving advance notice that next month it will consider revoking the antidumping duty orders on helical spring lock washers from China and Taiwan (A-570-822, A-583-820), gray Portland cement and cement clinker from Japan (A-588-815), welded ASTM A-312 stainless steel pipe from South Korea and Taiwan (A-580-810, A-583-815), and solid urea from Russia and Ukraine (A-821-801, A-823-801), as well as antidumping and countervailing duty orders on multilayered wood flooring from China (A-570-970/C-570-971), in an automatic five-year sunset review scheduled to begin in November (here). These orders will be revoked unless Commerce finds that revocation would lead to a continuation or recurrence of dumping and the International Trade Commission finds that revocation would result in continuation or recurrence of material injury to a U.S. industry.
Recent court decisions by the U.S. Court of Appeals for the Federal Circuit (CAFC) threaten to close off a crucial avenue for judicial review of CBP ruling revocations and modifications, making it hard for importers to rely on rulings and violating Supreme Court precedent, said a lawyer representing Best Key, a Hong Kong manufacturer of yarn, in a Sept. 29 petition for a rehearing of the hearings by the full Federal Circuit. By directing Best Key to challenge classification via a denied protest, instead of allowing Best Key to challenge it under the Administrative Procedure Act, the Federal Circuit is preventing Best Key from challenging the process under which CBP revoked the ruling, John Peterson of Neville Peterson said in the petition. Best Key claims the ruling revocation process was tainted by the improper participation of its competitors.
The Commerce Department and the International Trade Commission began five-year sunset reviews of the antidumping duty orders on artist canvas from China (A-570-899) and pure magnesium from China (A-570-832).