The Commerce Department illegally deducted Section 301 China tariff duties from exporter Neimenggu Fufeng Biotechnologies Co.'s U.S. price in the 2020-21 administrative review of the antidumping duty order on xanthan gum from China, Fufeng said in its Oct. 30 motion for judgment at the Court of International Trade. In addition, Fufeng argued that Commerce unlawfully valued the company's energy factors of productions and coal classifications, which Fufeng said skewed the dumping margins (Neimenggu Fufeng Biotechnologies Co. v. U.S., CIT # 23-00068).
CBP failed to apply an Office of the U.S. Trade Representative-granted Section 301 exclusion for "flexible pressure sensitive LCD display devices used as a surface for electronic wiring" to importer Kent Displays' merchandise, the importer told the Court of International Trade in an Oct. 27 motion for summary judgment. Kent argued that its Model WT16312 Dashboard is the type of device as described by the exclusion and, as such, should be free of the 25% Section 301 duties under Harmonized Tariff Schedule subheading 9013.80.7000 (Kent Displays v. United States, CIT # 20-00156).
A CBP headquarters decision on a protest is a “prior interpretive ruling or decision" that Ohio-based tent importer Under the Weather should have been able to rely on for tariff classification purposes, and as a result its classification challenge on backpacking tents shouldn't be dismissed, the importer told the Court of International Trade in a Oct. 26 brief at the Court of International Trade (Under the Weather v. U.S., CIT # 21-00211).
The Customs Rulings Online Search System (CROSS) was updated Oct. 26 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, on remand at the Court of International Trade, switched to using Brazilian surrogate value information to value antidumping duty respondent Jiangsu Senmao Bamboo and Wood Industry Co.'s non-oak log inputs. Changing course as part of the 2019-20 AD review of multilayered wood flooring from China, Commerce switched to using Brazilian data, the primary surrogate nation, after the trade court rejected its initial use of Malaysian data for the factors of production (Jiangsu Senmao Bamboo and Wood Industry Co. v. U.S., CIT # 22-00190).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Imported ether glycol used in the manufacture of high-performance polyurethane elastomers is a synthetic wax and properly classified as such rather than as an epoxy resin, importer Gantrade said in its Oct. 23 complaint at the Court of International Trade (Gantrade v. U.S., CIT # 21-00551).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
A suit filed to contest the classification of photoresists and other chemical products should be tossed because the complaint was filed more than nine years after the denial of protests, DOJ said in an Oct. 20 motion to dismiss at the Court of International Trade (Tokyo Ohka Kogyo America v. U.S., CIT # 21-00371).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: