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.
Country of origin cases
The U.S. will appeal a World Trade Organization dispute panel ruling that found its origin marking requirement for goods from Hong Kong violated global trade rules. Submitting its notification of appeal during the Jan. 27 meeting of the WTO's Dispute Settlement Body, the U.S. said it was taking the matter to the defunct Appellate Body concurrent with separate panel rulings that said the Section 232 national security tariffs also violated WTO commitments.
CBP announced that it is conducting an Enforce and Protect Act investigation on whether Fortress Iron (doing business as Fortress Fence Products and Fortess Building Products) evaded antidumping and countervailing duty orders on aluminum extrusions from China. According to the Jan. 24 notice, CBP found reasonable suspicion of evasion by Fortress and has imposed interim measures.
While the Commerce Department complied with the Court of International Trade's remand instructions to reconsider the application of a Brazilian consumer price index (CPI) to a Mexican labor rate, the agency still used "unsupported and arbitrary justifications" to back its refusal to use Brazilian labor data in an antidumping duty case, plaintiff American Keg Co. argued. Filing comments on Commerce's remand results on Jan. 26 at the trade court, the plaintiff claimed that Commerce abused its discretion by using Mexican International Labour Organization (ILO) data that appears to not have been available at the time of the investigation (New American Keg v. United States, CIT # 20-00008).
The Customs Rulings Online Search System (CROSS) was updated Jan. 26 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 following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department slashed the dumping margin for exporter Ajmal Steel Tubes & Pipe Industries on remand in an antidumping review after accepting the respondent's answers to Section A of the AD questionnaire. Submitting its remand results to the Court of International Trade on Jan. 26, Commerce dropped the dumping margin for Ajmal to 0.57% after using the company's own data as opposed to adverse facts available to calculate the margin. The agency originally rejected the submission after it was submitted late by less than two hours due to COVID-19-related technical difficulties (Ajmal Steel Tubes & Pipes Industries v. United States, CIT # 21-00587).
CBP found sufficient evidence to initiate an Enforce and Protect Act investigation on whether YVC USA evaded antidumping and countervailing duty orders on Chinese-origin forged steel fittings that were transshipped through Sri Lanka without declaring the merchandise, according to a notice released Jan. 24. CBP also imposed interim measures on the company.
CBP found reasonable suspicion that 14 importers evaded antidumping duty orders on thermal paper from Germany and South Korea, and initiated an Enforce and Protect Act investigation and imposed interim measures, according to a Jan. 24 notice.
The Court of International Trade should reconsider its decision to send back the Commerce Department's adverse facts available rate for antidumping duty respondent Sino-Maple, the U.S. argued in a Jan. 23 brief. The decision is based on an "incorrect interpretation of" the statute, and the parties never presented the issue of whether the statute, 19 U.S.C. Section 1677e(d), lets Commerce use a transaction-specific margin as an adverse rate, the government claimed (Fusong Jinlong Wooden Group v. U.S., CIT # 19-00144).