The Customs Rulings Online Search System (CROSS) was updated on Oct. 17 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 Commerce Department didn't properly support its decision to base antidumping duty respondent Toyo Kohan's date of sale for the company's U.S. sales on its shipment date in the 2022-23 review of the AD order on diffusion-annealed, nickel-plated flat-rolled steel products from Japan, the Court of International Trade held in a decision issued Oct. 23.
The Customs Rulings Online Search System (CROSS) was updated on Oct. 14 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 International Trade Commission "largely ignored the market conditions" and failed to give meaning to the term "significant" when assessing the volume of imports of oil country tubular goods from Argentina, Mexico, Russia and South Korea, importers led by Tenaris Bay City said in their opening brief at the U.S. Court of Appeals for the Federal Circuit (Tenaris Bay City v. United States, Fed. Cir. # 25-2034).
The Court of International Trade on Oct. 23 remanded the Commerce Department's use of antidumping respondent Toyo Kohan's shipment date as its date of sale for the company's U.S. sales in the 2022-23 review of the AD order on diffusion-annealed, nickel-plated flat-rolled steel products from Japan. Judge Jane Restani said Commerce's use of Toyo Kohan's shipment date lacked a "reasoned explanation" and wasn't supported by the record, since the billing documentation at the time of shipping is "virtually meaningless" because it doesn't necessarily show the "quantity or price in the purchase order or the final invoice." The judge said Commerce should consider the role an "agreed-to pricing formula" may play in its date of sale analysis, since where such a formula is present, "there may be a disconnect in the record data" for the date of sale and the sale price.
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.