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.
Customs Duty
A Customs Duty is a tariff or tax which a country imposes on goods when they are transported across international borders. Customs Duties are used to protect countries' economies, residents, jobs, and environments, by limiting the flow of imported merchandise, especially restricted and prohibited goods, into the country. The Customs Duty Rate is a percentage determined by the value of the article purchased in the foreign country and not based on quality, size, or weight.
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.
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The following new requests for antidumping and countervailing duty scope rulings were recently filed with the Commerce Department:
Hyundai Steel Co. did not receive a countervailable benefit through its payment of sewerage fees, the company argued in a June 22 motion for judgment. The Commerce Department's conclusion to the contrary in a countervailing duty administrative review of cut-to-length carbon-quality steel plate from South Korea is not supported by substantial evidence and is contrary to law, Hyundai said (Hyundai Steel Company v. United States, CIT #21-00012).
A customs case from importer Strategic Import Supply should not be reconsidered in light of new evidence since it is merely an attempt by the plaintiff to "relitigate arguments already raised," the Department of Justice said in a June 23 response to SIS's motion to reconsider the case. The plaintiff failed to satisfy the high burden for reconsideration, DOJ said in the Court of International Trade, and also is not entitled to amend its complaint to change the jurisdictional grounds of its claim (Acquisition 362, LLC v. United States, CIT #20-03762).
The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:
Target's complaint filed in the Court of International Trade challenging the court's ability to order the reliquidation of imports past 90 days after their initial liquidation by CBP “masquerades as a motion” for CIT to relitigate this issue, the Department of Justice said in a June 22 motion to dismiss the case. The court's decision in the underlying case, Home Products International Inc. v. United States, already addressed Target's complaint, so the case should be dismissed for failure to state a claim, DOJ said.
The Commerce Department's denial of third country sales data for evasion of antidumping duties in establishing normal value in an antidumping duty case lacks proper evidence, shrimp exporter Z.A. Sea Foods Private Limited said in a brief filed June 18 with the Court of International Trade. ZASF said that there was no evidence in the record to back Commerce's reliance on CBP's determination in an Enforce and Protect Act investigation that ZASF's shrimp imports from Vietnam evaded antidumping duties from India (Z.A. Sea Foods Private Limited et al v. United States, CIT #21-00031).
Opposing sides in the Section 301 litigation sparred heatedly in the closing minutes of oral argument June 17 (see 2106170061) about the role the plaintiffs’ steering committee should play should the Court of International Trade grant the motion of sample-case plaintiffs HMTX and Jasco for a preliminary injunction to freeze the liquidations of unliquidated customs entries from China with lists 3 and 4A tariff exposure.