The Commerce Department is updating its regulations on dispute settlement for antidumping and countervailing duty cases under USMCA, it said in an interim final rule. The USMCA Article 10.12 provisions are “substantively identical” to those found in NAFTA Article 1904, so the changes are minor, including updating old references to NAFTA to now say USMCA, and updates to outdated cross-references to other regulations and to outdated notice, filing, service and protective order procedures. The interim final rule takes effect Dec. 9, though it does not apply to any binational panel under NAFTA, “or any extraordinary challenge arising out of any such review, that was commenced before July 1, 2020,” Commerce said. Comments are due Jan. 10, 2022.
Notable CROSS rulings
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Customs Rulings Online Search System (CROSS) was updated Dec. 1 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):
CBP erred when it found that importers Ikadan System USA and Weihai Gaosai Metal Product Co. evaded the antidumping and countervailing duty orders on steel grating from China, the two companies said in a Nov. 23 complaint at the Court of International Trade. Accused of evading the orders via transshipping the grates through South Korea and also misclassifying the entries, Ikadan and Gaosai said that the evasion finding cuts against CBP's own analysis as to the scope of the orders and represents an improper attempt to retroactively apply AD/CV duties (Ikadan System USA, Inc., et al. v. United States, CIT #21-00592)
A protest supplement filed by an importer may not be considered by CBP as a supplement but should be accepted as a new protest, CBP said in a recent ruling. Though the supplement was too late because it came after the relevant protest was denied and addressed an issue not included under the original protest, the supplement otherwise met all requirements for protests filed by CBP, the agency said.
The Customs Rulings Online Search System (CROSS) was updated Nov. 18 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 Customs Rulings Online Search System (CROSS) was updated Nov. 9 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 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 Customs Rulings Online Search System (CROSS) was updated Nov. 1 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):