The U.S. on Sept. 23 told the Court of International Trade an exporter "confuses statutory schemes" when it claims that past negative antidumping and countervailing duty determinations shield against anti-circumvention findings on the same goods from the same countries. Defending the Commerce Department's circumvention findings of the AD/CVD orders on circular welded carbon quality steel pipes and tubes from China, India and South Korea, the government said exporter SeAH Steel Vina Corp. conflated the criteria for AD/CVD investigations with those for circumvention inquiries (SeAH Steel Vina Corp. v. United States, CIT Consol # 23-00256).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
An importer of weekly/monthly planners told the U.S. Court of Appeals for the Federal Circuit on Sept. 18 that it and the government were in agreement that the Court of International Trade had committed a reversible error by classifying its planners as diaries (Blue Sky The Color of Imagination v. U.S., Fed. Cir. # 24-1710).
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 said on remand at the Court of International Trade that Germany's Konzessionsabgabenverordnung (KAV) program, which exempts from a fee gas and power pipeline companies that sell electricity below a certain price, isn't de facto specific. The fees would otherwise be passed on to consumers. Commerce made the finding on Sept. 17 after being instructed by the trade court to conduct a de facto specificity analysis (BGH Edelstahl Siegen v. U.S., CIT # 21-00080).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Exporter ULMA Forja, S.Coop filed a complaint on Sept. 17 at the Court of International Trade to contest the Commerce Department's differential pricing analysis in the 2022-23 review of the antidumping duty order on finished carbon steel flanges from Spain (ULMA Forja, S.Coop v. United States, CIT # 24-00162).
The Court of International Trade on Sept. 17 sent back the Commerce Department's use of a quarterly cost methodology to analyze exporter Officine Tecnosider's sales during the 2020-21 review of the antidumping duty order on steel plate from Italy to address "shortcomings" in its analysis.
The U.S. on Sept. 13 defended the Commerce Department's remand determination that the Korean government's full allotment of carbon emissions credits to exporter Hyundai Steel Co. is de jure specific. The government said Hyundai's claims that the Court of International Trade already rejected Commerce's reasoning and that the agency ignored the court's questions in the remand were unconvincing (Hyundai Steel Co. v. United States, CIT # 22-00029) (Dongkuk Steel Mill Co. v. United States, CIT # 22-00032).
A group of cabinet importers, led by ACProducts, filed a pair of complaints at the Court of International Trade on Sept. 16 contesting the Commerce Department's final scope rulings on wooden cabinets further processed in Vietnam and Malaysia. The six-count complaints contested Commerce's decision to open the inquiries and claimed that the scope rulings expanded the scope of the antidumping and countervailing duty orders on wooden cabinets from China beyond their plain-language scope to include "semi-finished components" (ACProducts v. United States, CIT #'s 24-00155, -00156).