CBP improperly disallowed valuation using the first sale rule of imported woodworking tools, importer Woodcraft Supply said in an Aug. 16 complaint at the Court of International Trade. The woodworking specialty retailer argued that purchases from its Taiwanese vendors were made "at arms length" and that the court should order the reliquidation of its imported merchandise appraised using first sale value (Woodcraft Supply v. U.S., CIT # 22-00252).
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 on Aug. 17 again declined to allow a government counterclaim to proceed in an importer's denied protest case, redesignating it as a defense, but Judge Gary Katzmann appeared to leave the door open for the government to collect additional duties from the importer. In the case, which involves the classification of dried botanicals, CIT for the fourth time in just over two years said the government can't file counterclaims in cases brought by importers to challenge denied protests. However, should the government convince the court of its preferred classification as a defense, importer Second Nature Designs "may be liable to the Government for increased duties," Katzmann said in a footnote to the opinion.
A group of solar companies led by JA Solar asked the Court of International Trade on Aug. 16 for the opportunity to conduct oral arguments in a countervailing duty case involving the non-use of China's Export Buyer's Credit Program (Risen Energy Co. v. U.S. CIT # 22-00231).
The Court of International Trade on Aug. 16 denied a motion by importer Wanxiang America to dismiss a penalty case related to its alleged misclassification and failure to pay associated antidumping duties on tapered roller bearings.
The Customs Rulings Online Search System (CROSS) was updated Aug. 15 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 and the International Trade Commission published the following Federal Register notices Aug. 17 on AD/CVD proceedings:
The Commerce Department and the International Trade Commission published the following Federal Register notices Aug. 16 on AD/CVD proceedings:
DHS Secretary Alejandro Mayorkas and Acting CBP Commissioner Troy Miller must respond to allegations of forced labor used in imported cocoa from Côte d’Ivoire by seven major chocolate companies, the International Rights Advocates (IRAdvocates) said in its Aug. 15 complaint at the Court of International Trade. The suit aims to force DHS and CBP to issue a decision in response to a 2020 petition filed by IRAdvocates along with Corporate Accountability Lab, and the University of California Irvine Law School's Human Rights Clinic (UCI) (International Rights Advocates v. Alejandro Mayorkas and Troy Miller, CIT # 23-00165).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade should deny a government motion to amend a complaint and toss the action with respect to a single entry, American Home Assurance Company (AHAC) said in an Aug. 14 motion. DOJ is seeking antidumping duties and interest on eight single transaction bonds issued over 20 years ago (U.S. v. American Home Assurance Co., CIT # 20-00175).