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).
Country of origin cases
Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The current scope of ongoing antidumping and countervailing duty investigations on aluminum extrusions from 15 countries would impose heavy costs on U.S. manufacturers and consumers, and as written would make it nearly impossible for CBP to administer and importers to comply, said a bevy of large multinational corporations and trade associations in comments filed recently filed with the Commerce Department.
Four styles of womens' and girls' knit upper body garments are classifiable in different subheadings depending on whether the waistband at the bottom of the garments is tight to the body, CBP said in a recent ruling. The ruling, dated Nov. 14, found that one of the women's and the girls' style provided a way to be tightened at the bottom and were classifiable as "other" sweaters, pullovers and waistcoats, while the other two women's styles could not be tightened and are classifiable as blouses or shirts.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
All of Judge Pauline Newman's claims against her colleagues on the U.S. Court of Appeals for the Federal Circuit's investigation of her fitness to continue serving on the bench are "straightforwardly dismissed," judges Kimberly Moore, Sharon Prost and Richard Taranto said in a reply brief supporting their motion to dismiss the case (Hon. Pauline Newman v. Hon Kimberly Moore, D.D.C. # 23-01334).
The Customs Rulings Online Search System (CROSS) was updated Nov. 16-21 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):
Importer Amsted Rail Co. and its Mexican maquiladora affiliate ASF-K Mexico returned a conflict of interest suit against their former counsel, Buchanan Ingersoll partner Daniel Pickard to the Court of International Trade. Filing another complaint at the trade court after previous claims against the Buchanan partner fell short for jurisdictional reasons, ARC said Pickard "betrayed" the company by using its information against it in an injury petition on freight rail couplers from Mexico and China (Amsted Rail Co. v. U.S., CIT # 23-00242).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: