Electronic goods with Chinese components such as notebooks, laptops and modems reimported to the U.S after undergoing repairs in Mexico are still subject to Section 301 tariffs on the repairs, even though the repairs are duty free under USMCA, CBP said in a February ruling.
Country of origin cases
Court of International Trade can't issue a decision in a denied protest challenge based on a finding that can't determine the proper origin, Cyber Power Systems argued in a March 30 motion for reconsideration to CIT. Cyber Power asked the court for a partial retrial or rehearing of its Feb 27 ruling, in which CIT found that Cyber Power didn’t prove a substantial transformation occurred for four models of its uninterruptable power supplies and one model of its surge voltage protector (see 2302270064) (Cyber Power Systems v. U.S., CIT # 20-00124).
Commerce made errors in its calculations, choice of data, and use of adverse facts available during the eighth administrative review of the antidumping duty order on crystalline silicon photovoltaic cells from China, according to four separate motions for judgment filed at the Court of International Trade. The case combined several complaints all challenging aspects of Commerce’s final determination (see 2208300012) (Jinko Solar Import and Export Co. v. U.S., CIT # 22-00219).
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 German steel producer cannot claim that the Commerce Department used adverse inferences in selecting the producer's own submitted information, DOJ said in a March 23 response brief at the Court of International Trade defending Commerce's third remand redetermination on an antidumping duty investigation on carbon and alloy steel cut-to-length plate from Germany. DOJ said Commerce complied with the court's order to further explain the department's use of Dillinger’s normal books and records as facts otherwise available (AG Der Dillinger Huttenwerke v. U.S., CIT Consol. # 17-00158).
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 shouldn't grant a stay in an antidumping case pending the expiration of the deadline to appeal the court's recent decision in another case that deals with the Commerce Department's use of the Cohen's d test to root out "masked" dumping, two exporters argued March 20. HiSteel Co. and Dong-A Steel Co. said the court shouldn't grant the stay because their action doesn't deal with the same issue as the recent decision in Stupp Corp. v. U.S.
The Commerce Department legally used a quarterly ratios methodology to set the quantity of subject mattresses sold by respondent Zinus Indonesia in an antidumping duty investigation, the Court of International Trade ruled on March 20. Ruling on seven specific challenges raised by Zinus Indonesia and AD petitioner Brooklyn Bedding, Judge Jennifer Choe-Groves also upheld Commerce's decision to use surrogate financial information from Indian mattress maker Emirates Sleep Systems, calculation and application of a profit cap and adjustment to Zinus U.S.'s reported sales deductions.
The Commerce Department's determination to use acquisition costs as a proxy for costs of production without applying adverse inferences in its antidumping duty investigation covering raw honey from India was necessary to account for the structure of the Indian honey industry, with thousands of beekeepers and middlemen, and derived from lessons learned in a previous AD proceeding involving honey, DOJ argued in a March 17 reply brief at the Court of International Trade (American Honey Producers Association v. U.S., CIT # 22-00195).