The Commerce Department stuck by its decision to apply a 10.54% adverse facts available countervailing duty rate to China's Export Buyer's Credit Program for respondent Yama Ribbons. Submitting its remand results to the Court of International Trade Feb. 15, Commerce said the CVD rate "does not unreasonably penalize Yama as a cooperative respondent" and using AFA was warranted given the Chinese government's failure to cooperate in the case (Yama Ribbons and Bows v. United States, CIT # 20-00059).
Country of origin cases
The Commerce Department has illegally "tripled down" on its use of "data tainted by foreign-government subsidies" in calculating constructed value in an antidumping duty case, respondent Oman Fasteners argued in its Feb. 13 opening brief at the U.S. Court of Appeals for the Federal Circuit. Despite the Federal Circuit's previous opinion remanding the use of a surrogate company's financial data over subsidy concerns, "Commerce jumped from the frying pan to the fire" and used a new proxy that also received government subsidies, the brief said (Mid Continent Steel & Wire v. U.S., Fed. Cir. # 23-1039).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department is apparently expanding a covered merchandise inquiry in an Enforce and Protect Act case into what is in effect an anti-circumvention inquiry, but can't use any prospective finding of circumvention to find an importer previously evaded duties in violation of the Enforce and Protect Act, plaintiffs Norca Industrial Co. and International Piping & Procurement Group (IPPG) argued in a Feb. 14 brief asking the Court of International Trade to reconsider its prior stay in the case (Norca Industrial Co. v. U.S., CIT # 21-00192).
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 Feb. 13 opinion upheld the Commerce Department's decision to find that exporter Cheng Shin Rubber Ind. Co.'s tires do not qualify for an exclusion to the antidumping duty order on light truck spare tires despite the petitioner originally agreeing to include specific exclusion language for Cheng Shin's tires. Judge Stephen Vaden said that it is not his job "to save Cheng Shin from itself," given that the negotiated exclusion required that the tires must be "designed and marketed exclusively" as temporary-use light truck tires, and Cheng Shin submitted evidence showing that its tires were not exclusively designed and marketed as such.
The Court of International Trade in a Feb. 13 opinion upheld the Commerce Department's finding that exporter Cheng Shin Rubber Industry's tires do not qualify for an exclusion to the antidumping duty order on light truck spare tires, despite the petitioner originally agreeing to include specific exclusion language for Cheng Shin's tires. Judge Stephen Vaden said it is not his job "to save Cheng Shin from itself," given the negotiated exclusion required the tires must be "designed and marketed exclusively" as temporary-use light truck tires, and Cheng Shin submitted evidence showing its tires were not exclusively designed and marketed as such.
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 should dismiss a government counterclaim that its boronized steel tubes, originally classified by CBP as duty-free U.S. goods returned after repairs or alterations, are unfinished steel tubes subject to Section 301 tariffs, Maple Leaf Marketing argued in a Feb. 10 brief. The counterclaim runs against the principle of finality of liquidation, the importer said (Maple Leaf Marketing v. U.S., CIT # 20-03839).
The Court of International Trade in a Feb. 13 order granted importer Strato's voluntary dismissal notice without prejudice in its customs case on selective cushioning units. While the U.S. did not serve an answer nor a motion for summary judgment in the case, Strato's counsel discussed with the government's counsel and agreed to voluntarily dismiss the case, the order said (Strato v. United States, CIT # 22-00315).