Canadian exporter Midwest-CBK asked the Court of International Trade to enter judgment against it in a case involving whether sales from a Canadian warehouse to U.S. customers are "sales for export to the U.S." or "domestic sales." Midwest said that over the course of the now six-year-old case, it ceased actively doing business and restructured itself, which has made complying with court orders to produce evidence impossible (Midwest-CBK, LLC v. U.S., CIT Consol. # 17-00154).
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 following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
No record evidence supports the Commerce Department's finding that imports of plywood from Vietnam circumvented the antidumping and countervailing duty orders on certain hardwood plywood products from China, Vietnamese producer and exporter Greatriver Wood said in a Sept. 8 complaint to the Court of International Trade (Greatriver Wood v. U.S., CIT # 23-00155).
In the Sept. 6 Customs Bulletin (Vol. 57, No. 32), CBP published a proposal to modify two ruling letters concerning reaching aids.
The Court of International Trade should sustain the Commerce Department’s remand redetermination of an antidumping duty investigation on OCTG from South Korea, DOJ argued. The court only ordered Commerce to reconsider a specific issue on remand, which the department did, DOJ wrote in its Sept. 6 remand comments to the Court of International Trade (Nexteel Co. v. United States, CIT Consol. # 18-00083).
The Commerce Department failed to comply with a Court of International Trade remand order in a countervailing duty case concerning forged steel fluid end blocks from Germany, exporter Edelstahl said in its Sept. 6 remand comments at the Court of International Trade. Edelstahl's comment contested the second remand redetermination by the Commerce Department, which continued to find that Germany's KAV program was de jure specific and could be countervailed (BGH Edelstahl Siegen v. U.S., CIT # 21-00080).
The Commerce Department's alleged unequal treatment of the parties in a scope ruling justifies judgment in favor of the importers, Elysium Tiles and Elysium Tile Florida argued in an Aug. 31 motion for judgment at the Court of International Trade. The case concerns a scope ruling issued with respect to the antidumping and countervailing duty orders on ceramic tiles from China. Elysium argues that Commerce improperly met with Florida Tile, a member of the AD/CVD petitioner Coalition of Fair Trade in Ceramic Tile (Elysium Tiles v. U.S., CIT # 23-00041).
In the Sept. 6 Customs Bulletin (Vol. 57, No. 32), CBP published proposals to modify one ruling letter on rice protein powder and one concerning tensioning systems.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
An assessment of domestic interested party willingness to participate in five-year reviews of antidumping duty orders on stilbenic optical brightening agents from China and Taiwan doesn't itself constitute a "review," the International Trade Commission said in a Sept. 1 motion at the Court of International Trade. The ITC asked the court to affirm the termination of the five-year review of the AD orders at issue (Archroma U.S., Inc. v. U.S., CIT # 22-00354).