The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Country of origin cases
Thai trailer wheel exporters and importers sought relief Nov. 20 from a Commerce Department final scope ruling that their products, whose components were made from Chinese-sourced materials, were subject to antidumping and countervailing duties on Chinese trailer wheels (Asia Wheel v. U.S., CIT Consol. # 23-00096).
The Commerce Department relied on incomplete data when it used a Tier 3 benchmark calculation methodology in the 2020-21 review of the countervailing duty order on phosphate fertilizers from Russia, U.S. importer Archer Daniels Midland Co. argued in a Dec. 1 complaint at the Court of International Trade (Archer Daniels Midland Co. v. United States, CIT # 23-00239).
The Customs Rulings Online Search System (CROSS) was updated Nov. 27-28 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 Commerce Department improperly came to the conclusion that Indian exporter Balkrishna Industries 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, petitioner Titan Tire Corp. argued in a Nov. 28 complaint. Titan Tire said that Commerce based its finding on a "post hoc, incomplete, and cursory examination" conducted by the Indian government related to the program (Titan Tire Corp. v. United States, CIT # 23-00233).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
DOJ in a Nov. 20 brief once again defended its right to use adverse facts available in calculating an Indian quartz surface product exporter's antidumping duty rate after that importer missed a filing deadline by several hours. It also stood by its all-others rate for other Indian quartz exporters against a domestic petitioner's challenge (Cambria Company v. U.S., CIT # 23-00007).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
A case challenging President Donald Trump's expansion of Section 232 steel and aluminum duties onto derivative products shouldn't be stayed pending the U.S. Supreme Court's review of the Chevron deference doctrine, the government told the high court in a Nov. 27 brief. Replying to exporter Oman Fasteners' petition for a writ of certiorari, DOJ said the case involving the review of Chevron, Loper Bright Enterprises v. Raimondo, will not affect the present dispute because Loper Bright doesn't involve "challenges to actions taken by the President" (Oman Fasteners v. U.S., Sup. Ct. # 23-432).