The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
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 properly excluded importer Elysium Tiles' composite tile from the scope of the antidumping duty and countervailing duty orders on ceramic tile from China, the Court of International Trade held on Oct. 20. After instructing Commerce to consider the (k)(2) scope factors on remand, Judge Jane Restani sustained the agency's (k)(2) analysis as reasonable.
The U.S. Court of Appeals for the Federal Circuit’s Oct. 8 decision clarifying the cross-owned input provider regulations also is applicable in a Turkish rebar case before CAFC, a petitioner said in an Oct. 13 letter (Kaptan Demir Celik Endustrisi ve Ticaret v. United States, Fed. Cir. # 24-1431).
The Court of International Trade on Oct. 20 sustained the Commerce Department's decision on remand to exclude importer Elysium Tiles' composite tile from the scope of the antidumping duty and countervailing duty orders on ceramic tile from China. After being told by the court to consider the (k)(2) scope factors, Commerce flipped its scope finding on Elysium's tile to exclude the company's products from the orders. Judge Jane Restani reviewed the agency's (k)(2) analysis and found that while for three of them, the products' ultimate uses, channels of trade and means of advertisement, favored including the composite tile in the orders' scope, these factors are outweighed by the differences in the products' physical characteristics and user expectations.
Three different solar cell and module exporters recently filed their opening briefs at the U.S. Court of Appeals for the Federal Circuit in a pair of cases on the Commerce Department's findings that the antidumping duty and countervailing duty orders on Chinese solar cells and modules are being circumvented through Thailand and Cambodia (Trina Solar Science & Technology (Thailand) v. United States, Fed. Cir. # 25-1940) (BYD (H.K.) v. United States, Fed. Cir. # 25-1937).
Agreeing that the International Trade Commission isn’t required to determine that imports “surged” prior to the publication of antidumping or countervailing duty orders to find critical circumstances, a domestic pea protein producer supported Oct. 8 the ITC’s own explanation of the relevant standard (see 2509290056) (NURA USA v. United States, CIT Consol. # 24-00182).
In a complaint filed Oct. 8, exporter Tao Motor challenged the International Trade Commission’s affirmative injury and critical circumstances findings regarding golf carts from China. It said that imposing the Commerce Department’s recently calculated antidumping duty and countervailing duty rates would end all importation of Chinese-origin golf carts into the U.S. (Tao Motor v. United States, CIT # 25-00199).
The U.S. Court of Appeals for the Federal Circuit held oral argument in importer Nutricia's customs suit on the classification of various of the company's medical foods with Judges Sharon Prost, Richard Taranto and Leonard Stark probing Nutricia's claim that its products are "medicaments" and not "food preparations." During the argument, which was held on Oct. 8 in Boston as part of the court's efforts to schedule arguments outside Washington, D.C., Taranto stressed that the case largely turns on the definition of the term "dietetic" (Nutricia North America v. U.S., Fed. Cir. # 24-1436).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: