Tools of the trade returned after temporary use abroad do not have to been actually used to be eligible for duty-free treatment under subheading 9801.00.85 Porsche Motorsports North America, said in a reply brief filed June 25. CBP has ruled in the past that it’s enough for goods to be made available for use to qualify for duty-free treatment, PMNA said in the brief, filed in support of its motion for judgment in a case at the Court of International Trade (Porsche Motorsports North America, Inc. v. U.S., CIT # 16-00182).
Frozen diced garlic imported by Van Drunen is not subject to antidumping duties on fresh garlic from China (A-570-831), the Commerce Department said in a June 29 scope ruling. The agency said that the scope of the order covers garlic “whole or separated into constituent cloves” but does not have language including any type of garlic reduced in size beyond cloves, such as chopped or diced garlic.
The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:
Paul Jameson, trade attorney at Schagrin Associates, has retired after 42 years of practice, the law firm confirmed to Trade Law Daily. Jameson, 70, originally worked for Schagrin from 1985 to 1991, then rejoined the firm in 2013 and stayed until his retirement, according to the firm's website. He received his J.D. degree from the Georgetown University Law Center.
The Commerce Department continued to use Malaysia as its primary surrogate country in an antidumping administrative review after the Court of International Trade told the agency to further explain the departure from using Romania, Commerce said in June 30 remand results. The agency did, however, grant that Romania classifies as a "significant producer" of activated carbon, the subject merchandise, a departure from its final results. The agency also switched to using Malaysian surrogate values for a key input in activated carbon for most of the mandatory respondents' suppliers.
CBP asked the Commerce Department to say whether aluminum sheet from China produced according to two scenarios is subject to antidumping and countervailing duty orders. The May 13 notice was posted June 24. The request is part of a CBP Enforce and Protect Act investigation into whether AA Metals evaded AD/CV duties. Specifically, CBP would like Commerce to determine whether “Chinese-origin aluminum sheet of a thickness a little greater than covered by the scope re-rolled in Turkey to a thickness covered by the scope” and “Chinese-origin aluminum sheet of a thickness covered by the scope re-rolled in Turkey to a thickness covered by the scope” should be subject to the orders.
The Court of International Trade ruled June 29 it doesn't have jurisdiction over one of 12 entries of plywood from China in a customs case because the plaintiff didn't protest that entry's reliquidation. The lawsuit will continue over the remaining 11 entries.
CBP asked the Commerce Department to weigh in on whether steel wheels from China alleged to have evaded antidumping and countervailing duties fall within the scope of the orders, CBP said in a notice posted June 28. The request is part of a CBP Enforce and Protect Act investigation into whether Vanguard National Trailer used transshipment through Thailand to evade the duties. “CBP is unable to determine whether the steel wheels exported from Thailand by Asia Wheel Co. Ltd. (Asia Wheel), which are produced from imported rectangular steel plates from China and a third country that Asia Wheel converts into rims in Thailand and welds with Chinese-origin discs in Thailand, are covered merchandise subject to the AD and CVD orders,” the agency said.
In a June 29 opinion, the Court of International Trade ruled that it did not have jurisdiction over one of 12 entries of plywood from China in a customs case since the importer only protested its first liquidation, but did not protest a second reliquidation. The lawsuit over the remaining 11 entries that the importer fully protested continues. The importer, Bral Corporation, says the imported plywood was defective and should therefore be reassessed duties at 18% of its original value.
The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York: