Exporter Your Standing International argued on Aug. 26 at the Court of International Trade that the Commerce Department erred in using the financial statements of Taiwanese company San Shing Fastech Corporation in calculating Your Standing's constructed value profit in the 2021-22 review of the antidumping duty order on steel nails from Taiwan (Your Standing International v. United States, CIT # 24-00055).
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 U.S. told the Court of International Trade on Aug. 23 that exporter Hoshine Silicon (Jia Xing) Industry Co. doesn't have statutory or constitutional standing to challenge CBP's denial of the company's request to remove it from a withhold release order (WRO) on silica-based products made by its parent company Hoshine Silicon and its subsidiaries (Hoshine Silicon (Jia Xing) Industry Co. v. United States, CIT # 24-00048).
A new Vietnamese frozen fish fillet exporter didn’t actually make a bona fide sale in the U.S. during the period of a new shipper antidumping review, a domestic trade group said Aug. 23 (Catfish Farmers of America v. U.S., CIT # 24-00126).
The Customs Rulings Online Search System (CROSS) was updated Aug. 19 and 21 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 U.S. brought a complaint against a tire distribution company Aug. 20, seeking payment of a $55,882.98 penalty for the importer’s initial failure, in 2019 and 2020, to pay cash deposits for two tire entries (United States v. Franco Tire Distribution Inc., CIT # 24-00161).
The Court of International Trade in an Aug. 15 decision made public Aug. 20 rejected the Commerce Department's determination that some of exporter Megaa Moda's home market sales weren't made "for consumption" in that market. Judge Thomas Aquilino said Commerce must "diligently examine the circumstances surrounding a transaction," and can't simply use a prior CIT decision to say that the agency can't use the trade patterns of a company's customers to find that the sales aren't "for consumption" in the home market.
The Customs Rulings Online Search System (CROSS) was updated Aug. 7-16 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 Court of International Trade on Aug. 16 said it's unreasonable for the Commerce Department not to attempt verification of an exporter's certificates proclaiming nonuse of China's Export Buyer's Credit Program, despite the exporter not having submitted such certificates for all its customers.
The Court of International Trade on Aug. 16 remanded the Commerce Department's inclusion of the alleged subsidy rate for China's Export Buyer's Credit Program in exporter Risen Energy Co.'s countervailing duty margin in the 2020 review of the order on Chinese solar cells. Judge Jane Restani said that while there is a gap in the record due to the Chinese government's failure to cooperate, Risen failed to fill the gap because it submitted only nonuse certificates from all but one of its customers. However, the judge said it's unreasonable for Commerce to not prorate Risen's CVD rate for the EBCP based on all the sales the company was able to verify didn't benefit from the EBCP.
Womenswear company Alexis will pay nearly $7.7 million to settle a whistleblower False Claims Act case, which alleged that the company underpaid customs duties on its apparel imports, the U.S. Attorney's Office for the Southern District of Florida announced Aug. 9.