The Customs Rulings Online Search System (CROSS) was updated on Feb. 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):
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Responding to a petitioner (see 2412300009), the U.S. said Feb. 21 that two mandatory respondents in a countervailing duty review of chlorinated isoscyanurates from China hadn’t earned an adverse inference for failing to provide the Commerce Department land-use contracts that would show they hadn’t been granted land for less-than-adequate remuneration (Bio-Lab v. U.S., CIT # 24-00118).
The Commerce Department properly included Asia Wheel Co.'s trailer wheels made of Chinese rims and Thai discs in the scope of the antidumping duty and countervailing duty orders on steel trailer wheels from China, the Court of International Trade held in a pair of nearly identical decisions. Judge Gary Katzmann said that Commerce didn't illegally expand the scope of the orders since the agency left open the possibility in the original AD/CVD investigations to discuss mixed-origin wheels in a later scope ruling.
The Customs Rulings Online Search System (CROSS) was updated on Feb. 19 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 lawsuit was recently filed at the Court of International Trade:
The Court of International Trade in a pair of nearly-identical decisions sustained the Commerce Department's scope ruling that certain trailer wheels made by Asia Wheel Co. fall within the scope of the antidumping and countervailing duty orders on steel trailer wheels from China. The wheels are made in Thailand using discs from China and rims made in Thailand. Judge Gary Katzmann held that Commerce didn't unlawfully expand the scope of the orders, since the agency said when it imposed the orders that wheels made of mixed-origin rims and discs could be subject to a scope ruling in the future. The judge also held that Commerce's finding that Asia Wheel's products weren't "substantially transformed" in Thailand was properly supported.
The Commerce Department properly excluded in-transit mattresses from the calculation of constructed export price (CEP) for respondent PT. Zinus Global Indonesia in the antidumping duty investigation on mattresses from Indonesia, the Court of International Trade held on Feb. 18. Judge Jennifer Choe-Groves also sustained Commerce's exclusion of the selling expenses of Zinus Indonesia's parent company Zinus Korea from the normal value calculation.
The Government of India and exporter Balkrishna Industries replied to petitioner Titan Tire Corp.'s arguments against the Commerce Department's finding that Balkrishna didn't use or benefit from India's Advanced Authorization Scheme in the 2021 countervailing duty review on new pneumatic off-the-road tires from India. The Indian government said neither Commerce nor the petitioner had reason to doubt the fact that Balkrishna hadn't benefited from the program, while Balkrishna argued that the Indian government properly verified the information at issue (Titan Tire Corp. v. United States, CIT # 23-00233).
Court of International Trade Judge Jennifer Choe-Groves again remanded the results of the Commerce Department's antidumping duty review of Chinese-origin multilayered wood flooring. Choe-Groves questioned whether the department’s decisions during the review were “results-driven or cherry-picking” because the department, instead of reopening the record to correct erroneous surrogate value information, still insisted on simply removing a month of bad data -- resulting in a surrogate value inflation of 453% (Jiangsu Senmao Bamboo and Wood Industry Co. v. U.S., CIT # 22-00190).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: