The Commerce Department correctly calculated production costs in its final determination in an antidumping duty investigation on raw honey from Argentina, DOJ said in its March 3 response to a motion for judgment at the Court of International Trade (Nexco v. United States, CIT # 22-00203).
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 Customs Rulings Online Search System (CROSS) was updated March 7 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 Court of International Trade should again remand the results of a countervailing duty investigation on carbon and alloy steel cut-to-length plate from South Korea to address allegations the Korean government provided off-peak electricity for less-than-adequate-remuneration, Nucor argued March 2 at the Court of International Trade. It also argued Commerce should reconsider whether to treat POSCO's affiliate, POSCO Plantec, as a cross-owned input supplier (Nucor v. U.S., CIT # 21-00182).
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 steel manufacturer Saha Thai's request for a revised dumping margin because the company failed to exhaust its administrative remedies, defendant-intervenors Wheatland Tube and Nucor Tubular said in a March 3 brief (Saha Thai Steel Pipe v. U.S., CIT # 21-00627).
A government counterclaim, based on classifications not used during the liquidation of the dried botanicals, should be barred by the finality of liquidation, importer Second Nature Designs argued in a March 2 brief at the Court of International Trade (Second Nature Designs v. United States, CIT # 18-00131).
CBP lacked sufficient evidence to begin an Enforce and Protect Act investigation on Phoenix Metal and then fabricated a conclusion that the company transshipped Chinese soil pipe through Cambodia, Phoenix said in a March 2 complaint at the Court of International Trade (Phoenix Metal v. U.S., CIT # 23-00048).
The Court of International Trade should sustain the Commerce Department's remand results after the agency further explained its surrogate value selection for coal-based carbonized materials and the financial statements used to calculate the surrogate financial ratios in the 2018-19 antidumping review on activated carbon, both DOJ and defendent-intervenors told CIT in separate responses submitted March 1 (Carbon Activated Tianjin Co. v. U.S., CIT # 21-00131).
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 motion for a preliminary injunction by two plaintiff-intervenors because granting that injunction would expand the case beyond its original issues in violation of Supreme Court rulings, DOJ argued in its Feb. 28 response at the Court of International Trade. By requesting an injunction that covers entries not initially subject to the proceeding filed by Jilin Bright, plaintiff-intervenors seek to expand the issues covered by the proceeding, DOJ argued (Jilin Bright Future Chemicals Co. v. United States, CIT # 22-00336).