A renewable energy trade group called on the Commerce Department to end its anti-circumvention inquiry on solar cells from Cambodia, Malaysia, Thailand and Vietnam, citing a recent news article that quoted energy industry analysts saying Auxin Solar misapplied their research to justify its allegations of circumvention.
Country of origin cases
As companies work to move assembly out of China so that the goods they export to the U.S. won't be hit with Section 301 tariffs, they have to grapple with the fact that CBP may still consider a good made in Mexico, Malaysia, Vietnam or elsewhere to be a product of China if enough of its innards were made in China.
An investigation by CBP into alleged evasion of antidumping and countervailing duties on wooden cabinets and vanities from China has found substantial evidence of evasion by four importers. In a final EAPA determination, CBP found that ZL Center, USGS, Inc., JGS Import, Inc. and US Sunergy Corp. evaded AD and CVD orders by misrepresenting imports of Chinese-origin WCV as Malaysian.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP can reasonably interpret facts to establish that an importer is evading antidumping and countervailing duties in an Enforce and Protect Act investigation, and doesn't need to establish that no other conclusion could possibly be drawn from the record in an EAPA case, DOJ told the Court of International Trade in a brief filed May 20 (Leco Supply v. United States, CIT #21-00136).
Lengthwise sawn, scarf-jointed wood reveal strips and squares imported by Loveday Lumber are not subject to antidumping and countervailing duties on wood mouldings and millwork from China (A-570-117/C-570-118), the Commerce Department said in a scope ruling issued May 16.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade in a May 23 opinion sent back CBP's decision finding that MSeafood Corp. did not evade antidumping duties by transshipping Indian frozen warmwater shrimp through Vietnam. Judge Claire Kelly said that CBP only reviewed part of the record in making the decision and failed to adequately follow its own regulations requiring public summaries of confidential information.
The Court of International Trade ruled in a May 20 opinion that sales from a Canadian warehouse to U.S. customers are "sales for export to the U.S." rather than "domestic sales," in a May 20 slip opinion by Judge Jennifer Choe-Groves. The opinion granted a Nov. 19 motion for summary judgment by DOJ (see 2111220057) that argued plaintiff Midwest-CBK's sales were exports to the U.S. at the time of sale (Midwest-CBK, LLC v. United States, CIT Consol. #17-00154).
The Commerce Department's Bureau of Industry and Security continued to deny 15 Section 232 steel and aluminum tariff exclusion requests from NLMK Pennsylvania in remand results at the Court of International Trade on May 18. BIS said that the U.S. industry has sufficient capacity to make the products that NLMK requested the exclusions for at a "satisfactory quality" (NLMK Pennsylvania v. United States, CIT #21-00507).