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China Hand Trucks: Commerce Intends AD Duty Exemption for Multifunction Carts
March 2, 2015 |AD/CV - Patent

The Commerce Department intends to exempt a multifunction cart imported by Positec from antidumping duties on hand trucks from China (A-570-971), it said in the preliminary results of a changed circumstances review (here). Positec is requesting partial revocation of the AD duty order for its patented WORX “Aerocart,” which can be converted from a dolly to a wheelbarrow. The domestic manufacturers that originally requested the hand truck duties do not oppose the request, according to Commerce. If Commerce finalizes its exemption in the final results of its changed circumstances review, it will add the following language to the scope of the AD duty order on hand trucks from China:

China Cased Pencils: Commerce Preliminarily Finds Beijing Fila Still Exempt From AD Duties
February 25, 2015 |AD/CV - Patent

The Commerce Department tentatively found pencils exported by Beijing FILA Dixon Stationery Co., Ltd. are still exempt from antidumping duties on cased pencils from China (A-570-827), in the preliminary results of a changed circumstances review (here). Beijing Dixon had requested the review after it transferred production of the pencils to a new entity, Fila Dixon Stationery (Kunshan) Co., Ltd. The pencils are still exported by Beijing Dixon. Commerce preliminarily found that the revocation of AD duties on pencils from Beijing Dixon in 2013 still applies (see 13071710). Commerce is set to issue the final results of its changed circumstances review by November, or as early as April if all parties to the case, including U.S. pencil producers, agree with the preliminary decision.

Indirect Injury Not Enough to Challenge CBP Ruling, Says CAFC in Reversal
February 4, 2015 |Penalties and Courts

Companies can’t challenge CBP classification decisions on behalf of the manufacturers that use their products as inputs, even if they may suffer indirect injury in the form of lost sales, ruled the U.S. Court of Appeals for the Federal Circuit on Feb. 3 in an seesawing case on yarn made by Best Key (here). Instead, they must have suffered direct injury to themselves in order to challenge CBP classification decisions in court, said CAFC as it reversed a February decision from the Court of International Trade.

Topics:Customs duty, Court of International Trade