DOJ unveiled last week that it had seized two "mission crew trainers" in 2024 that allegedly were bound for the Chinese military from a South African flight academy on the Entity List. The agency made the announcement Jan. 15 while filling a forfeiture complaint for both trainers with the U.S. District Court for the District of Columbia.
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 Export Packers Company's individually quick frozen cooked garlic cloves are outside the scope of the antidumping duty order on fresh garlic from China, Export Packers argued in a Jan. 16 brief at the Court of International Trade. The exporter argued that, contrary to petitioner Fresh Garlic Producers Association's claims, the plain language of the scope excludes Export Packers' cooked garlic and other sources, including a separate scope ruling on blanched garlic and Commerce's preliminary determination, don't support the petitioner's arguments (Export Packers Company v. United States, CIT # 24-00061).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
A 1985 Ferrari 288 GTO is properly classified under duty-free Harmonized Tariff Schedule subheading 9705.10.0090 as a "collectors' piece of historical interest," rather than as a motor vehicle of subheading 8703.23.0190, dutiable at 2.5%, importer Ferrari 288 GTO LLC argued in a Jan. 14 complaint at the Court of International Trade (Ferrari 288 GTO LLC v. United States, CIT # 26-00671).
The Commerce Department on Jan. 15 explained more about its finding that exporter Hoa Phat Pipe isn't eligible to certify whether its light-walled rectangular pipe and tube was made using hot-rolled steel from China. After a remand order from the Court of International Trade, Hoa Phat confirmed that it was "unable to track the source of" its hot-rolled steel inputs prior to the inquiry period in the antidumping duty and countervailing duty circumvention proceeding at issue and has no basis to certify the country of origin of its pipe consistent with the agency's practice, Commerce said (Hoa Phat Steel Pipe v. United States, CIT Consol. # 23-00248).
The Commerce Department confirmed its decision to impose a 160% countervailing duty rate for exporter Tau-Ken Temir in the countervailing duty investigation on silicon metal from Kazakhstan despite a remand from the U.S. Court of Appeals for the Federal Circuit (Tau-Ken Temir v. United States, CIT # 21-00173).
The Court of International Trade erred when it failed to find that importer BASF's food additive betatene is classified as a natural or synthetically reproduced provitamin under Harmonized Tariff Schedule heading 2936, BASF argued in its opening brief at the U.S. Court of Appeals for the Federal Circuit. The importer said that it clearly established that its product was "prima facie classifiable under heading 2936, meaning that as a matter of law, classification under heading 2106," as a dietary supplement, "cannot stand" (BASF Corporation v. United States, Fed. Cir. # 26-1056).
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 erred in holding that the rule established in the USMCA requiring parties seeking CIT review of antidumping duty and countervailing duty proceedings to provide proper notice is a jurisdictional rule, exporter Pipe & Piling Supplies told the U.S. Court of Appeals for the Federal Circuit in its Jan. 13 opening brief (Pipe & Piling Supplies v. United States, Fed. Cir. # 26-1155).