The Commerce Department should apply adverse facts available to an exporter that initially responded that certain sales data was unavailable, but when subsequently pressed provided the information to Commerce, an attorney said during a hearing before Commerce related to an antidumping duty investigation on passenger vehicle and light truck tires from South Korea.
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.
The Customs Rulings Online Search System (CROSS) was updated May 12 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):
The Customs Rulings Online Search System (CROSS) was updated May 12 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):
Alvarez & Marsal Taxand hired Michael McGee to lead the consultancy's new Global Trade and Customs practice, it said in a May 12 news release. McGee was previously the global director of International Trade Regulations at BP America. “The political landscape and the pandemic have led to more regulations, increasingly complex tax regimes and the need to redraw supply chains. As a result, there is greater demand for expert tax advisory services, including for global trade and tariffs and duties,” said Ernesto Perez, managing director of the Houston firm. “In line with A&M’s leadership, action, results approach, A&M Taxand is responding to the shifting business environment by expanding and strengthening specialized tax services to maximize value for clients.” A&M said McGee has “expert knowledge of U.S. Customs Law, Department of Commerce Export Administration Regulations, Department of Treasury Office of Foreign Asset Control, and Department of Commerce Antiboycott Regulations.”
The Court of International Trade sustained remand results in an antidumping investigation of whether a sale of steel flanges from Indian exporter Chandan Steel Limited should be excluded from its home market sales database when determining its antidumping duty margin, in a May 13 opinion. The Coalition of American Flange Producers, petitioners in the investigation, argued that Commerce had improperly come to the conclusion to exclude one sale from Chandan's home market database because Commerce failed to show that Chandan knew its sales were for export. In deciding if Chandan knew of its shipment's destination, Commerce considered three pieces of evidence: 1) the export quality packaging provision of the shipment, 2) Chandan's treatment of the shipment's logo and 3) the final payment and delivery terms of the sale. In all three cases, the court upheld Commerce's rationale for finding that all the evidence shows Chandan intended to export its steel flange shipment. For instance, the agency found that the logo on the shipment was consistent with goods sent to foreign markets "because sales to Indian customers and other customers abroad generally had different markings."
A domestic producer initiated a challenge to the Commerce Department's countervailing duty determination on phosphate fertilizers from Morocco, in the Court of International Trade, arguing that the agency failed to properly consider four subsidy programs from the Moroccan government (GOM). In a May 12 complaint, The Mosaic Co., said it wants the court to grant relief on a slew of mistakes made by Commerce in the investigation, including its determination that value-added tax exemptions, the provision of the phosphogypsum waste disposal program and VAT refunds did not constitute benefits to the mandatory respondent in the CVD investigation.
A group of importers involved in the litigation over the Section 301 tariffs sent a letter on May 7 to the White House urging a settlement in the case to "alleviate the economic and social harms these tariffs have caused to U.S. companies, U.S. workers and the overall U.S. economy." Led by the importers selected to serve as the test case for the litigation, HMTX Industries and Jasco Products Company, the companies told the White House they are seeking an end to the tariffs and a full refund of the "unlawfully" collected lists 3 and 4A duties collected from the companies. The case is currently making its way through the Court of International Trade.
Steel exporters Universal Tube and Plastic Industries, along with THL Tube and Pipe Industries and KHK Scaffolding and Framework, say that the Commerce Department incorrectly determined that there was only a single level of trade in the home market, in an antidumping case on circular welded carbon-quality steel pipe from the United Arab Emirates. In a May 10 motion for summary judgment in the Court of International Trade, Universal argued that Commerce ignored substantial record evidence to the contrary, leading to an improper antidumping duty margin (Universal Tube and Plastic Industries v. U.S., CIT # 20-03944).
Mexican steel exporter Deacero S.A.P.I. de C.V. says that since Section 232 tariffs on Mexican steel and aluminum were made in violation of certain procedural requirements, they should not be deducted from the exporter's U.S. price when determining its antidumping margin. In a May 10 motion for summary judgment in a case at the Court of International Trade, Deacero also argued that since the tariffs are remedial and temporary, they are not ordinary customs duties and are thus excluded from antidumping duty calculations (Deacero S.A.P.I. de C.V. v. U.S., CIT # 20-03924).
Canadian botanical goods exporter Second Nature Designs reached an agreement with the Department of Justice on 835 product styles that fall within the Harmonized Tariff Schedule subheading under dispute in a customs case brought by the importer in the Court of International Trade. According to a May 5 joint status report, the two parties agreed to the product styles under HTS subheading 0604.90.3000 for "foliage, branches and other parts of plants, without flowers or flower buds, and grasses, mosses and lichens, being goods of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared: Other: dried or bleached," but the sides have more styles in dispute.