The Customs Rulings Online Search System (CROSS) was updated Aug. 22 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):
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 Commerce Department should accept an exporter's evidence of entries to establish a separate rate in an antidumping duty case, or else conclude that it had no shipments and not review the company, the exporter, Ningbo Qixin, argued in an Aug. 18 reply brief to the U.S. Court of Appeals for the Federal Circuit (Canadian Solar International, et al. v. U.S., Fed. Cir. # 20-2162).
The Court of International Trade should uphold a "reasonable" final determination by the Commerce Department that oil country tubular goods made in Brunei and the Philippines from Chinese hot-rolled steel coils are circumventing antidumping and countervailing duties on OCTG from China, intervenors Welded Tube USA, Wheatland Tube Company, and Vallourec Star said in an Aug. 19 brief (HLDS (B) Steel v. United States, CIT #21-00638).
Inconsistent documentation cost a manufacturer of plastic pallets, trays and lids duty-free treatment on returned items, CBP said in a June 13 HQ ruling addressed to the Automotive and Aerospace Center of Excellence and Expertise, directing it to deny a protest by ZF TRW Canada (ZF).
The Customs Rulings Online Search System (CROSS) was updated Aug. 17 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):
In the Aug. 17 Customs Bulletin (Vol. 56, No. 32), CBP published a proposal to revoke a ruling on musical candle holders.
The Commerce Department erred in its calculations when assigning countervailing duty rates in an administrative review on multilayered wood flooring from China, according to three separate complaints filed at the Court of International Trade. The complaints, all filed on Aug. 17, primarily challenge Commerce's findings of less than adequate remuneration (LTAR) in calculating duty rates and adverse facts applied to the government of China.
A Commerce Department scope ruling improperly found that two-ply hardwood plywood falls under the antidumping and countervailing duty orders on hardwood plywood from China, plaintiffs Vietnam Finewood, Far East American and Liberty Woods said in an Aug. 16 motion at the Court of International Trade (Vietnam Finewood Company Ltd. v. U.S., CIT #22-00049).
The Commerce Department erred in using a period of review-wide allocation for the certification expenses of Thai exporter Sahamitr Pressure Container (SMPC), SMPC said in an Aug. 16 motion for judgment at the Court of International Trade (Sahamitr Pressure Container v. United States, CIT #22-00107).
Adverse facts available applied to Hyundai's reporting of parts in an antidumping duty administrative review on Korean power transformers are still warranted despite a previous court remand, the Commerce Department said in the results of a remand published Aug. 15 (Hyundai Electric & Energy Systems Co. v. United States, CIT #20-00108). Commerce said that although facts available are not justifiable with respect to Hyundai’s reporting of parts and components, it will still apply total adverse facts available to Hyundai.