The Court of International Trade on April 11 ordered the Commerce Department to redo parts of its final results of its first administrative review of the antidumping order on glycine from Japan. Judge Alexander Vaden remanded for Commerce to reconsider its determination that the "compensation for payment expense" was properly categorized as a general and administrative expense. The judge found that Commerce's decision to use generally accepted accounting principles-compliant research and development cost records instead of trial balances was supported by law and that Nagase waited too long in finding its own assessment rate error and cannot use the court to force a correction from Commerce.
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:
Finished door thresholds already found to be outside the scope of antidumping and countervailing duty orders on aluminum extrusions from China cannot constitute covered merchandise for the purposes of an Enforce and Protect Act evasion investigation, Columbia Aluminum said in an April 6 brief at the Court of International Trade (Columbia Aluminum Products v. U.S., CIT Consol. # 19-00185).
The Customs Rulings Online Search System (CROSS) was updated April 3 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):
DOJ argued that its counterclaims against an importer in a tariff classification case on dried botanicals should be sustained by the Court of International Trade, despite similar counterclaims being rejected. In an April 6 brief, DOJ said that the importer, Second Nature Designs, claimed "only that the Government has failed to state a claim" and that "such a claim is barred by the statutory finality of liquidation" (see 2303030015) rather than making a jurisdictional argument (Second Nature Designs v. U.S., CIT # 18-00131).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Costs incurred by South Korean pipe producer Nexteel's suspended production lines should not have been treated as general and administrative costs by the Commerce Department during an antidumping duty review on welded line pipe from South Korea, Nexteel told the Court of International Trade in its April 5 comments on Commerce's remand results (Nexteel Co. v. U.S., CIT # 20-03898).
The Commerce Department erred when it decided that debt-to-equity swaps as part of a corporate workout program for Korean steel manufacturer Dongbu were countervailable subsidies, the company said in an April 6 complaint at the Court of International Trade (KG Dongbu Steel Co. v. U.S., CIT # 23-00055).
Industrial shredders are not classifiable as grinding and crushing tools under the Harmonized Tariff Schedule because the principal function of the machines is shredding or cutting, DOJ argued in its April 5 reply brief. DOJ asked the court to reject Vecoplan's "overly broad and strained interpretation" of "grinding" to fit its shredders into a duty-free classification (Vecoplan v. U.S., CIT # 20-00126).
The Customs Rulings Online Search System (CROSS) was updated over the past week 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):