The Customs Rulings Online Search System (CROSS) was updated Jan. 18 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):
Country of origin cases
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 Jan. 18 opinion sent back an antidumping review over the Commerce Department's decision to reject AD petitioner Nucor Tubular's ministerial error comments as untimely. Judge Jennifer Choe-Groves said the exception to the requirement that comments be timely filed applies in this case since Commerce's "unintentional errors became apparent only in the Final Results" of the AD review. Since Nucor should have been allowed to submit its comments on the ministerial error, the court remanded the review to consider the error "and respond accordingly," the judge said.
The World Trade Organization published the agenda for the Jan. 27 meeting of the Dispute Settlement Body. It includes U.S. status reports on the implementation of DSB recommendations on antidumping measures on certain hot-rolled steel products from Japan; antidumping and countervailing measures on large residential washers from South Korea; certain methodologies and their application to antidumping proceedings involving China; antidumping and countervailing duties on ripe olives from Spain; and Section 110(5) of the U.S. Copyright Act. A status report also is expected from Indonesia on measures related to the import of horticultural products, animals and animal products; and from the EU on measures affecting the approval and marketing of biotech products, and on safeguard measures on certain steel products.
The Court of International Trade should have allowed a company that filed an attorney conflict-of-interest suit involving an International Trade Commission AD/CVD injury proceeding to amend its allegations to comply with the court's opinion, rather than dismissing the case outright with leave to file under a different jurisdictional provision, said the company, Amstead Rail Co., in an opening brief filed Jan. 13 at the U.S. Court of Appeals for the Federal Circuit (Amsted Rail Company v. United States, Fed. Cir. # 23-1355).
The Court of International Trade in a Jan. 13 order granted the Commerce Department's voluntary remand request in an antidumping duty case. Commerce wanted the remand period to review the non-selected respondents' rate in an AD review since the rate was based on the prior administrative review's rate, which was changed after separate litigation at the trade court (Danyang Weiwang Tools Manufacturing Co. v. U.S., CIT # 19-00006).
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 properly found that two out of three types of glass surface products made by SMA Surfaces, formerly known as Polarstone US, are included within the scope of the antidumping and countervailing duty orders on quartz surface products from China, the Court of International Trade found in a Dec. 12 opinion. However, Commerce did not support its finding that the remaining type fits under the orders, Judge Gary Katzmann ruled while remanding the case.
The Customs Rulings Online Search System (CROSS) was updated Jan. 11 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):
Richard Kazmaier, former associate professor of biology at West Texas A&M University, was sentenced to six months in prison, three years of post-release supervision and a $5,000 fine for "importing protected wildlife" without declaring it or getting the proper permits, DOJ announced Jan. 11. Kazmaier admitted to importing around 358 wildlife items -- skulls, skeletons and taxidermy mounts -- in violation of the Lacey Act.