The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:
Country of origin cases
Following the Department of Justice's first resolution of action under a new export control tool, greater efforts should be made to conduct export-related due diligence and act on those recommendations, according to a May 6 analysis from Sidley Austin. Merely conducting audits of exports and sanctions is not good enough anymore, Sidley said. Implementing audit recommendations and putting in place a robust process to receive, investigate and elevate whistleblower complaints should be a priority following the DOJ's settlement with German software company SAP SE.
CNC Associates is being investigated after allegations of evasion of antidumping and countervailing duties required on imported wooden cabinets and vanities and components from China, CBP said in a May 5 notice. The investigation stems from allegations filed under the Enforce and Protect Act (EAPA) by MasterBrand Cabinets, an Indiana cabinetmaker, CBP said. The company alleged that CNC evaded AD/CV duties using transshipment through Malaysia. MasterBrand is represented by Wiley Rein lawyer Timothy Brightbill, who represents several EAPA allegers.
Despite hotly contested litigation in the lower court, the Justice Department has been notably absent from an appeal of an antidumping case initially brought by exporter Goodluck India Limited. During May 3 oral argument in front of the U.S. Court of Appeals for the Federal Circuit, counsel for a group of tubing producers appealing the case refused to speculate on the government's lack of participation in the case but did point out that the Commerce Department did file its remand determination under respectful protest in the initial Court of International Trade proceedings (Goodluck India Limited, v. U.S. et al., Fed. Cir. # 2020-2017).
The Commerce Department backed its decision to not collapse companies into a single entity in an antidumping case, according to a May 5 reply brief to the Court of International Trade in support of the agency's remand redetermination. In a final affirmative antidumping duty determination on stainless steel flanges from India, Commerce originally consolidated Echjay, Echjay Industries Private Limited, Echjay Forgins Industry Private Limited and Spire Industries Private Limited into one entity since they were all owned by the Doshi family in India. After a CIT remand, Commerce reversed course, finding substantial evidence, including decrees from the Bombay High Court, indicating a “familial and business separation” between the companies. In its reply, Commerce addressed opposition from petitioners to the remand redetermination, and included a detailed analysis of why the companies are not affiliated and thus do not warrant being collapsed into a single entity.
The Commerce Department recently issued two scope rulings that found wheels and wheel components purportedly imported for passenger vehicle use are not subject to antidumping and countervailing duties on steel wheels 12 to 16.5 inches in diameter from China (A-570-090/C-570-091). In scope rulings issued April 30 and May 3, the agency found that the wheels and wheel components are not intended for use on trailers.
The Customs Rulings Online Search System (CROSS) was updated May 4 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 Court of International Trade on May 5 upheld the Commerce Department's rejection of Vietnamese steel exporter Vnsteel-Phu My Flat Steel Co.'s (PMF) quantity and value questionnaire in an antidumping duty circumvention case. In the opinion, Judge Timothy Reif sided with Commerce, ruling that the agency's decision to instead apply adverse facts available was in accordance with the law, given PMF's incomplete, then untimely resubmission of, the Q&V questionnaire form.
The Customs Rulings Online Search System (CROSS) was updated May 4 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 State Department fined a U.S. aerospace and technology company $13 million for illegally exporting technical data to several countries, including China, according to a May 3 order. Honeywell International sent drawings of parts for military-related items, including for engines of military jets and bombers, the agency said, all of which were controlled under the International Traffic in Arms Regulations. After discovering the violations, issuing a self-disclosure to the State Department and bolstering its compliance program, the company again illegally exported technical drawings, failing to abide by its improved compliance requirements, the order said.