The Commerce Department made several errors in its handling of the resumption of an antidumping duty investigation on tomatoes from Mexico after the termination of a suspension agreement, Mexican tomato exporter Bioparques de Occidente said in a Sept. 13 reply brief at the Court of International Trade (Bioparques de Occidente v. U.S., CIT # 19-00204).
Ben Perkins
Ben Perkins, Assistant Editor, is a reporter with International Trade Today and its sister publications, Trade Law Daily and Export Compliance Daily, where he covers sanctions, court rulings, and other international trade issues. He previously worked as a trade analyst for a Washington D.C. advisory firm. Ben holds a B.A. in English from the University of New Hampshire and an M.A. in International Relations from American University. Ben joined the staff of Warren Communications News in 2022.
The Court of International Trade should sustain the Commerce Department's remand results in an antidumping duty case on xanthan gum from China, DOJ argued in its Sept. 12 response at the Court of International Trade. In June, Commerce stuck by its decisions to apply adverse facts available to Meihua, not to rescind its review of Deosen Biochemical, and not to recalculate a separate rate, in spite of a court order to reconsider all three (see 2306280043) (Meihua Group International (Hong Kong) v. U.S., CIT # 22-00069).
The Customs Rulings Online Search System (CROSS) was updated Sept. 12 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's constructed value profit and selling expenses calculation for the 2019-2020 antidumping duty administrative review on oil country tubular goods from South Korea remains unsupported by substantial evidence after a remand, South Korean exporter Hyundai Steel said in its Sept. 12 comments to the Court of International Trade. Hyundai partially opposed the remand results despite the department's lowering of Hyundai's dumping margin, from 19.54% to 9.63% (see 2308160065) (Hyundai Steel Co. v. U.S., CIT # 22-00138).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Importer Magid Glove & Safety Manufacturing and DOJ argued during oral arguments Sept. 7 whether a test established in a previous U.S. Court of Appeals for the Federal Circuit case meant that plastic-dipped knit gloves are correctly classified as articles of plastic rather than as gloves under the Harmonized Tariff Schedule (Magid Glove & Safety Manufacturing v. U.S., Fed. Cir. # 22-1793).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Both the government and defendant Crown Cork & Seal USA said they're experiencing delays in discovery in a fraud case against the importer, they said in a Sept. 8 joint status report. The case concerns metal can lid imports entered between 2004 and 2009 and valued at around $51 million. The government did not produce the requested 52 discovery requests by the Aug. 21 due date and Crown said it has experienced issues with third-party discovery relating to unaffiliated brokers (U.S. v. Crown Cork & Seal USA, CIT # 21-00361).
The Commerce Department can't use information it knows to be incorrect, exporter Nagase said in its Sept. 8 remand comments to the Court of International Trade. In its Aug. 9 remand redetermination (see 2308100028) covering the 2018-20 administrative review of the antidumping duty order on glycine from Japan, Commerce knew that the constructed export price value sales were incorrect but used those values anyway despite correct information on the record, Nagase said. The court can't sustain a determination created using knowingly false information, Nagase said, arguing for another remand (Nagase & Co. v. U.S., CIT # 21-00574).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: