The Customs Rulings Online Search System (CROSS) was updated Aug. 7-16 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):
Country of origin cases
Turkish exporter Eregli Demir ve Celik Fabrikalari (Erdemir) will appeal its three separate cases filed at the Court of International Trade regarding the sunset review of an antidumping duty order on hot-rolled steel flat products from Turkey (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, CIT #'s 22-00349, -00350, -00351).
The U.S. Court of Appeals for the Federal Circuit on Aug. 15 sustained the Commerce Department's use of adverse facts available against exporter Unicatch Industrial Co. for failing to submit adequate cost reconciliation information in the 2015-16 review of the antidumping duty order on steel nails from Taiwan.
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 U.S. Court of Appeals for the Federal Circuit in an Aug. 13 opinion again affirmed the president's ability to make trade-restrictive modifications to Section 201 safeguard tariffs. Judges Alan Lourie, Richard Taranto and Leonard Stark partially granted a group of solar cell exporters' motion for panel rehearing of its 2023 decision, which came to the same conclusion, so that the court could conduct a de novo review of the applicable statute, instead of reviewing whether the president's interpretation of the law was a "clear misconstruction" of the statute.
The U.S. told the Court of International Trade that Southwest Airlines isn't entitled to keep Customs Passenger Processing Fees fees paid by its customers on canceled tickets. Filing a cross-motion for judgment on Aug. 13, the government argued that the airline's cancellation policy, which offers travel credits that Southwest then stores as profits if they go uncollected, can't usurp the law, which requires Southwest to "collect the fee and remit the fees collected to the Government" (Southwest Airlines Co. v. United States, CIT # 22-00141).
An exporter and a petitioner each filed an opposition to the Commerce Department’s final results upon remand for an antidumping duty review on Indian-origin steel pipe, in which the department provided a strong defense of adverse facts available as a tool to combat the problem of noncooperative unaffiliated suppliers (see 2407100037) (Garg Tube Export v. U.S., CIT # 21-00169).
The U.S. Court of Appeals for the Federal Circuit on Aug. 12 ordered exporter Risen Energy Co. to appear at oral argument in an antidumping duty case after the company waived its right to appear (see 2408020019). Risen originally brought suit to contest the 2017-18 AD review on solar cells from China, arguing that the Commerce Department failed to use the best information when setting surrogate values for the company's backsheet and ethyl vinyl acetate inputs (see 2305170049). The per curiam order from the court told Risen to appear at oral argument after the U.S. said it would appear (see 2408070003) (Risen Energy Co. v. U.S., Fed. Cir. # 23-1550).
An importer of China-origin garlic chunks argued in an Aug. 7 complaint that it shouldn’t have been found to be circumventing antidumping duties on fresh garlic from China, saying that its garlic chunks are exempt because they are preserved in citric acid (Green Garden Produce v. United States, CIT # 24-00114).