The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
In two complaints filed Oct. 10, petitioner The American Personal Transportation Vehicle Manufacturers Coalition challenged the antidumping duty investigation on Chinese-origin golf carts, saying the Commerce Department and the International Trade Commission should both have found critical circumstances with regard to an exporter (The American Personal Transportation Vehicle Manufacturers Coalition v. United States, CIT # 25-00203, 25-00204).
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 improperly attributed freight and marine insurance income to antidumping duty respondent Suncity Metals and Tubes during the 2022-23 administrative review of the AD order on Indian-origin welded stainless pressure pipe, the respondent argued in an Oct. 9 complaint at the Court of International Trade (Suncity Metals and Tubes v. United States, CIT # 25-00222).
In a complaint filed Oct. 8, exporter Tao Motor challenged the International Trade Commission’s affirmative injury and critical circumstances findings regarding golf carts from China. It said that imposing the Commerce Department’s recently calculated antidumping duty and countervailing duty rates would end all importation of Chinese-origin golf carts into the U.S. (Tao Motor v. United States, CIT # 25-00199).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Arguing in the U.S. Court of Appeals for the Federal Circuit on Oct. 3 that the Commerce Department was right to exclude its in-transit mattresses from its affiliated importer’s constructed export price, exporter PT. Zinus Global Indonesia said petitioners “overstate their case” that data anomalies rendered the department’s choice unreasonable (PT. Zinus Global Indonesia v. United States, Fed. Cir. # 25-1674).
The Commerce Department permissibly rejected an adjustment to the cost of production of utility-scale wind towers to "account for production volume decreases before a shutdown" and properly selected two Malaysian pipe manufacturers as the surrogate companies to determine antidumping duty respondent CS Wind's constructed value profit, the Court of International Trade held on Oct. 8. Judge Gary Katzmann upheld both of Commerce's decisions challenged by CS Wind in the 2021-22 administrative review of the AD order on Malaysian utility-scale wind towers, leaving the exporter with a 17.97% AD rate.
The Court of International Trade upheld CBP's determination, made on remand, that importer Scioto Valley Woodworking, Inc., evaded the antidumping duty and countervailing duty orders on wooden cabinets and vanities from China. In a decision made public Oct. 9, Judge Lisa Wang rejected Scioto's claim that CBP can only make an affirmative evasion finding if it finds the importer to actually have imported covered merchandise through evasion, and the judge found the evasion determination to be supported by substantial evidence.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: