CBP released the Nov. 1 Customs Bulletin (Vol. 51, No. 44), which contains the following ruling actions:
The Commerce Department and the International Trade Commission began five-year sunset reviews of the antidumping and countervailing duty orders on crystalline silicon photovoltaic cells from China (A-570-979/C-570-980) and steel wire garment hangers from Vietnam (A-552-812/C-552-813), as well as the antidumping duty orders on steel wire garment hangers from Taiwan (A-583-849) and honey from China (A-570-863).
The Commerce Department is suspending liquidation and setting new cash deposit requirements for several exporters previously exempt from the antidumping duty order on stainless steel bar from India (A-533-810), it said in the preliminary results of a changed circumstances review. Commerce preliminarily found that Viraj Profiles Ltd. and the Venus Group have resumed dumping after being partially revoked from the AD duty order in 2004 and 2013, respectively.
The Commerce Department is giving advance notice that next month it will consider revoking the antidumping duty orders on cystalline silicon photovoltaic cells, whether or not assembled into modules, from China (A-570-979), honey from China (A-570-863) and steel wire garment hangers from Taiwan and Vietnam (A-583-849, A-552-812), as well as the countervailing duty order on crystalline silicon photovoltaic cells, whether or not assembled into modules, from China (C-570-980) and steel wire garment hangers from Vietnam (C-552-813), in automatic five-year sunset reviews scheduled to begin in November. 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.
The Commerce Department published notice in the Oct. 6 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 is permanently exempting a Turkish company from countervailing duties on oil country tubular goods from Turkey (C-489-817), amending the CV duty order to implement a 2017 decision from the U.S. Court of Appeals for the Federal Circuit that caused the company’s rate from the original investigation to fall to zero. Effective March 3, 2016, the Toscelik group is no longer subject to CV duty suspension of liquidation or CV duty cash deposit requirements for OCTG from Turkey. The exemption will remain in place indefinitely, though Toscelik could again become subject to CV duties if Commerce conducts a changed circumstances review or another investigation on OCTG from Turkey.
The Commerce Department and the International Trade Commission began five-year sunset reviews of the antidumping duty orders on silicomanganese from China and Ukraine (A-570-828, A-823-805).
The following lawsuits were filed at the Court of International Trade during the week of Sept. 4-10:
An importer’s lawsuit on the tariff classification of child bicycle seats will proceed unchecked, after the Court of International Trade on Sept. 8 denied the government’s bid to dismiss portions of the case. Kent International says CBP defied its own established practice and did not afford Kent the same treatment given to other importers when it classified entries of Kent’s WeeRide Kangaroo child bicycle seats in heading 8417, dutiable at 10 percent, rather than a duty-free provision of subheading 9401.80. Though CBP had issued Kent a ruling in 2005 that the merchandise was dutiable at the higher rate, it had subsequently granted two of Kent’s protests and issued several rulings to other importers finding similar merchandise duty-free. The trade court found Kent’s complaint adequately raised questions of whether CBP’s decision to reliquidate subsequent entries at the 10% rate, before its eventual revocation of the other importers’ rulings through Customs Bulletin notices and comment, may have run against the agency’s own established practice and treatment.
The Commerce Department is giving advance notice that next month it will consider revoking the antidumping duty orders on silicomanganese from China and Ukraine (A-570-828, A-823-805), in automatic five-year sunset reviews scheduled to begin in October. 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.