The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
An Indonesian jewelry company and its co-owner, along with two other employees, were charged last week with taking part in a scheme to evade over $86 million in customs duties on jewelry imports, the U.S. Attorney's Office for the District of New Jersey announced. Two of the individuals, Indonesian national Icha Anastasia and Italian national Claudio Fogale, were arrested last week and each charged with one count of conspiracy to commit wire fraud (United States v. PT Untung Bersama Sejahtera a/k/a UBS Gold, D.N.J. # 2:25-12158).
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 on Nov. 17 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):
CBP illegally subjected importer Raymond Geddes & Company's pencils to antidumping duties on cased pencils from China, since the company's pencils are made in the Philippines, Raymond Geddes argued in a Nov. 14 complaint at the Court of International Trade. The importer said CBP improperly applied a scope ruling on a separate importer, School Specialty, to its goods (Raymond Geddes & Company v. United States, CIT # 25-00265).
The trade court must remand the Commerce Department’s determination that ceramic tile from India was neither dumped nor subsidized, because Commerce wrongly failed to collapse or find affiliation for multiple respondents, a petitioner said in a Nov. 17 motion for judgment (Coalition for Fair Trade in Ceramic Tile v. United States, CIT # 25-00095).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. Court of Appeals for the Federal Circuit on Nov. 17 issued its mandate in the massive litigation on the lists 3 and 4A Section 301 tariffs on China. The importers who challenged the tariffs didn't file an appeal of the matter to the Supreme Court prior to the issuance of the mandate. Last month, the court upheld the tariffs, finding them to be a valid exercise of authority under Section 307(a)(1)(C) (see 2509250028). The court said the statute's permission to "modify" Section 301 action where it's "no longer appropriate," allows the U.S. trade representative to ramp up the tariffs if the original action is "insufficient" to achieve its "stated purpose" (HMTX Industries v. United States, Fed. Cir. # 23-1891).
The Commerce Department reasonably decided not to attribute subsidies provided to Nur Gemicilik, an affiliated input supplier of countervailing duty respondent Kaptan Demir, to Kaptan itself in the 2018 CVD review on Turkish rebar, the U.S. Court of Appeals for the Federal Circuit held on Nov. 17. Judges Raymond Chen, Richard Linn and Todd Hughes said Commerce properly identified that the unprocessed steel scrap Nur provided Kaptan was a "common input" and that the agency didn't place undue weight on consideration of Nur's main business activity.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: