The Court of International Trade on April 11 sent back the Commerce Department's duty drawback adjustment to exporter Assan Aluminyum, which led to a de minimis antidumping duty rate in the AD investigation on common alloy aluminum sheet from Turkey. Judge Gary Katzmann said it "appears that" Commerce's methodology "impermissibly increased Assan's export price by more than 'the amount of any import duties imposed by the country of exportation which have been rebated."
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The Court of International Trade on April 11 remanded the Commerce Department's duty drawback calculation methodology for exporter Assan Aluminyum that led to a de minimis rate in an antidumping duty investigation on common alloy aluminum sheet from Turkey. Judge Gary Katzmann said Commerce incorrectly applied the drawback adjustment to all Assan's U.S. sales although only some contributed directly to the receipt of duty exemptions in Turkey during the investigation period. The judge also said Commerce failed to fully explain its decision by not addressing two claims from the AD petitioners, the Aluminum Association Common Alloy Aluminum Sheet Trade Enforcement Working Group.
The Court of International Trade on March 21 reassigned three cases to Judge Jane Restani.
Robert Stein, former executive at supply chain logistics firm Mohawk Global, has joined Braumiller Consulting Group as vice president, according to his LinkedIn announcement. Stein said he will be working on foreign-trade zone, duty drawback, import/export compliance, Harmonized Tariff Schedule classification, customs valuation and free trade agreement matters.
Tin-plated brass strips imported by Cooper Plating and then made into plumbing parts before being exported are eligible for temporary importation under bond under subheading 9813.00.05, CBP said in a recent ruling. However, while they undergo the required processing to qualify for TIB treatment, they are subject to the USMCA "lesser of duty rule" for similar reasons, CBP said.
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In a Jan. 31 supplemental filing after oral arguments held a week earlier by the Court of International Trade, petitioners again rejected the Commerce Department's calculation of a Turkish exporter's duty drawback adjustment. On the same day, DOJ pushed back in its own supplemental filings on a pair of questions from the court (Assan Aluminyum Sanayi ve Ticaret v. U.S., CIT #21-00246).
The following trade-related lawsuit was recently filed at the Court of International Trade:
Importer Scottsdale Tobacco launched a case at the Court of International Trade to contest CBP's denial of its drawback claim on its Canadian-origin paper-wrapped cigarettes. Filing a complaint on Jan. 30, the importer said its drawback claim "met the requirements" for a substitution unused merchandise drawback of the federal excise taxes it paid, since it exported the cigarettes from Florida less than five years after the relevant imports (Scottsdale Tobacco v. United States, CIT # 24-00022).
The Court of International Trade on Jan. 30 said that for drawback purposes the 10-digit Harmonized Tariff Schedule subheadings should be read starting with their directly adjacent text and not the superior indented text. Judge Claire Kelly said the "plain meaning" of the statute governing substituted unused merchandise drawbacks refers to the "words describing the article adjacent to the 10-digit number."