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 following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:

The Customs Surety Coalition called foul on a CBP attempt to collect unpaid antidumping duties eight years after the relevant entries liquidated, saying the “devastating impact on the surety program is obvious,” in a May 20 amicus brief filed in the Court of International Trade. Stepping in to help defend Aegis Security Insurance Co., the coalition argued that if the court were to accept CBP's position, the statute of limitations on duty payments would be eliminated, allowing the agency to use the law to "absurd ends." CSC was joined by its four coalition members -- the International Trade Surety Association, the National Association of Surety Bond Producers, Inc., the Surety & Fidelity Association of American and the Customs Surety Association -- in its brief (United States v. Aegis Security Insurance Co., CIT #20-03628).

Turkish steel exporter Borusan Mannesmann Boru Sanayi ve Ticaret said the Commerce Department correctly complied with the Court of International Trade's instructions to drop any adjustment to cost of production based on a particular market situation in the sales-below-cost test in an antidumping duty administrative review. In May 19 comments on Commerce's final remand results, Borusan also said that the agency properly adhered to court instructions by weighing the record evidence applicable to the reduction of Borusan's constructed export price by Section 232 duties paid.

The Court of International Trade upheld the Commerce Department's second remand results which, under court order, added the full amount of duty drawback adjustment to two companies' export prices and nixed two circumstances of sale adjustments in an antidumping case on Turkish steel. Judge Gary Katzmann in his May 20 opinion ruled against arguments from petitioner Nucor Corporation that Commerce find another "duty neutral" methodology for allocating the drawback adjustment. Commerce had originally applied the adjustment to all production, effectively reducing the adjustment to export prices for Icdas Celik Enerji Tersane and Habas Sinai in an antidumping duty investigation on carbon and alloy steel wire rod from Turkey.

CBP allowed for the release of some styles of men's shirts imported by Uniqlo that were detained over the suspected use of cotton from the Xinjiang Production and Construction Corps in China because the shirts were not made of cotton, the agency said in a May 18 ruling. The ruling, HQ H318835, discloses that CBP detained a second Uniqlo shipment over a possible XPCC connection. The first detention was mentioned in another recent ruling, in which CBP said Uniqlo hadn't sufficiently shown XPCC cotton wasn't used (see 2105130031). The ruling wasn't available on the CBP rulings database as of press time May 20.

Importer Strategic Import Supply wants a reconsideration of its case in the Court of International Trade, seeing that CBP granted a nearly identical protest to the one that was the subject of dismissal in an April 21 opinion. In a May 19 motion for reconsideration, Strategic Import Supply argued that CBP's recent decision to assess a lower countervailing duty rate on imports of passenger vehicle and light truck tires from China is new evidence that the underlying protests in the CIT case were timely filed and that CBP acted in an "arbitrary and capricious manner" (Acquisition 362, LLC v. United States, CIT #20-03762).

The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:

The Customs Rulings Online Search System (CROSS) was updated May 20 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):

Judge Claire Kelly at the Court of International Trade probed the Commerce Department's process of determining whether surrogate country data is aberrational in antidumping cases, during May 19 oral arguments. In a case where she granted a motion for reconsideration following a U.S. Court of Appeals for the Federal Circuit ruling on a nearly identical issue, Kelly questioned Commerce's lack of clear criteria and "know it when I see it" approach.