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:
The Commerce Department improperly found that the plain language of the antidumping duty and countervailing duty orders on chassis and subassemblies thereof from China cover Vietnamese chassis with Chinese-origin components, the Court of International Trade held on Oct. 8. Judge Claire Kelly said the orders "contain multiple ambiguities," including "when components are included within the scope of the Orders," when third-country operations exclude the individual components from the orders, and the meaning of "subassemblies ... whether ... assembled or unassembled."
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
During oral argument held Sept. 3 at the Court of International Trade, Judge Mark Barnett expressed skepticism about an argument that negative antidumping duty and countervailing duty determinations regarding a product preclude the Commerce Department from starting circumvention inquiries into the same product (SeAH Steel Vina Corp. v. United States, CIT Consol. # 23-00256, -00257, -00258).
The Court of International Trade on Oct. 8 remanded a Commerce Department scope ruling that importer Pitts Enterprises' chassis from Vietnam containing Chinese-origin axle and landing gear components fall under the scope of the antidumping and countervailing duty orders on chassis and subassemblies thereof from China. Judge Claire Kelly held that Commerce must adopt the "plain meaning of the word 'entered'" in the AD/CVD orders, "namely 'entered into the United States.'" Kelly also rejected the agency's claim that the plain meaning of the orders covers Chinese-origin parts that enter the U.S. as part of a chassis. She found that the orders are ambiguous as to "when components are included within the scope of the Orders." They're also unclear on when third country operations remove these parts from the orders, as well as on the meaning of "subassemblies ... whether ... assembled or unassembled." Lastly, the judge told Commerce to reconsider its decision to impose AD/CVD on the "entire value of the imported chassis" rather than just on the Chinese-origin parts.
Chris Duncan, former partner at Stein Shostak, has joined Squire Patton in the international trade and foreign investment practice group in the firm's Los Angeles office, the firm announced. Prior to joining Stein Shostak, Duncan worked for 16 years at CBP as a senior attorney, most recently holding the position of assistant chief counsel in San Francisco. Duncan works on a host of customs issues, including on classification, Section 301 tariffs, valuation, country of origin and marking rules, the firm said.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: