An Indian exporter of off-road tires did receive the benefit of import duty exemptions from the Indian government, a petitioner argued in the Court of International Trade on Sept. 9 (Titan Tire Corporation v. U.S., CIT # 23-00233).
Antidumping duty petitioner Daikin America on Sept. 9 opposed the Commerce Department's remand results finding it wasn't feasible for respondent Gujarat Fluorochemicals to report its movement expenses on a transaction-specific basis. Daikin said the agency wrongfully said Gujarat's grade-based allocation was as specific as it could be and didn't cause "inaccuracies and distortions" (Daikin America v. United States, CIT # 22-00122).
The U.S. denied Sept. 9 that the Commerce Department was misinterpreting the statutory standard for determining the existence of sales made by an exporter at different levels of trade (Compania Valencia de Aluminio Baux, S.L.U. v. U.S., CIT # 23-00259).
The Commerce Department stuck by its treatment of antidumping duty respondent Assan Aluminyum's raw material costs and hedging revenues on remand at the Court of International Trade in the AD investigation on aluminum foil from Turkey. However, the agency modified Assan's duty drawback adjustment, resulting in a slight uptick in the respondent's AD rate, from 2.28% to 2.3% (Assan Aluminyum Sanayi ve Tiaret v. United States, CIT # 21-00616).
A domestic glycine producer said Sept. 3 that it hadn’t needed to exhaust its administrative remedies prior to coming to court because it had never had the chance to seek a remedy in the first place (Deer Park Glycine, LLC v. U.S., CIT # 23-00238).
On appeal, the U.S. supported Court of International Trade Judge Jane Restani’s decision that imported weekly/monthly planners were properly classified as “diaries” under heading 4820 of the Harmonized Tariff Schedule (see 2404100052). The decision subjected the importer to Section 301 tariffs (Blue Sky The Color of Imagination v. U.S., Fed. Cir. # 24-1710).
The Customs Rulings Online Search System (CROSS) was updated between Aug. 23 and Aug. 29 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):
A Chinese exporter of multilayered wood flooring argued Aug. 29 that its 16 input suppliers weren’t under government control. The government policies in question didn’t contradict a Chinese government claim that party officials didn’t hold any ownership positions in a number of input suppliers, it said (Baroque Timber Industries (Zhongshan) Co. v. United States, CIT # 23-00136).
South Korean exporter Hyundai Steel Co. opposed the Commerce Department's finding on remand that the Korean government's full allocation of carbon emission permits under the Korean Emissions Trading System (K-ETS) during the 2019 review of the countervailing duty order on hot-rolled steel flat products from South Korea was de facto specific. On remand, Commerce switched from a de jure to a de facto specificity finding (Hyundai Steel Co. v. United States, CIT # 22-00170).
A defendant-intervenor Korean exporter of superabsorbent polymers opposed the Commerce Department’s determination (see 2406170034), on remand, that would raise its antidumping margin from 17.64% to 26.05% (The Ad Hoc Coalition of American SAP Producers v. United States, CIT # 23-00010).