The Customs Rulings Online Search System (CROSS) was updated May 24 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.
Importer Pitts Enterprises evaded antidumping and countervailing duty orders on certain chassis and subassemblies from China, according to a May 23 Enforce and Protect Act (EAPA) notice. The agency said that Pitts knowingly imported finished chassis with numerous Chinese-origin subassemblies as products of Vietnam only, without disclosing the Chinese-origin components.
The Court of International Trade should not stay a case challenging an Enforce and Protect Act finding of evasion while another related case on whether the products were covered by the scope of the relevant antidumping and countervailing duty orders goes through remand, importers argued in a May 24 motion (Far East American, et. al. v. U.S., CIT # 22-00213).
The Commerce Department illegally relied on raw honey acquisition costs as a proxy to calculate costs of production in the antidumping duty investigation into raw honey from India, despite those respondents withholding information and impeding the investigation, the American Honey Producers Association and the Sioux Honey Association argued in a May 23 brief at the Court of International Trade (American Honey Producers Association v. U.S., CIT # 22-00195).
A mobile utility fan imported by HKC is not subject to antidumping duties on hand trucks from China (A-570-891), according to a scope ruling issued by the Commerce Department in April. Commerce found that although the mobile fan matched several characteristics of the hand trucks, it lacked a horizontal projecting edge or toe plate that could slide under loads for lifting or moving.
The Commerce Department committed several errors in its antidumping duty administrative review on light-walled rectangular pipe and tube from Mexico, which resulted in higher AD rates assigned to respondents Maquilacero and TEFLU, as well as the "all-others" rate assigned to plaintiff Perfiles, the company said in a May 23 complaint to the Court of International Trade (Perfiles LM v. U.S., CIT # 23-00094). The company asked the court to remand the review to Commerce.
ITC Failed to Consider 'Unprecedented' Conditions When Considering OCTG Imports, Manufacturers Argue
The International Trade Commission didn't properly consider the "unprecedented conditions" of competition during the period of review in its investigation on oil country tubular goods (OCTG) from Argentina and Mexico, which led to "erroneous volume, price, and impact determinations, Tenaris Bay City and consolidated plaintiffs from two other cases said in a May 22 motion for judgment at the Court of International Trade (Tenaris Bay City, Inc. v. U.S., CIT # 22-00344).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Trailer wheels manufactured by Asia Wheel in Thailand using discs and rims produced in Thailand from steel plates from China or a third country are not subject to the antidumping and countervailing duty orders on certain steel wheels 12 to 16.5 inches in diameter from China, the Commerce Department said in a scope ruling issued in April.
The Commerce Department correctly applied adverse facts available when it decided to countervail the Chinese Export Buyer’s Credit Program (EBCP) in its second administrative review of the countervailing duty order on truck and bus tires from China, DOJ argued in a May 22 response to respondent Qingdao Ge Rui Da Rubber Co.'s (GRT's) motion for judgment (Qingdao Ge Rui Da Rubber Co., Ltd., v. United States, CIT # 22-00229).