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).
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:
The Customs Rulings Online Search System (CROSS) was updated May 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):
The Commerce Department should have at least allowed Japanese steel exporter Tokyo Steel to participate in an antidumping review on hot-rolled steel flat products from Japan as a voluntary respondent, importer Optima Steel International said in a May complaint at the Court of International Trade, arguing Commerce improperly chose only one respondent in the review (Optima Steel International v. U.S., CIT # 23-00108).
Importer DS Services on May 19 asked the Court of International Trade to dismiss a case it brought challenging the Office of the U.S. Trade Representative's decision not to reinstate a Section 301 tariff exclusion on water coolers even after the only opposing party on record withdrew its opposition comments. The company argued USTR violated the Administrative Procedure Act because the agency failed to both explain its decision and to back it with substantial evidence. USTR then requested a voluntary remand to reconsider (see 2209010023) but stuck by its decision in its December remand results (see 2212150043). DS Services declined to comment on the dismissal request (DS Services of America v. U.S., CIT # 22-00157).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department’s determination that the South Korean government did not subsidize Hyundai Steel by providing electricity for less than adequate remuneration (LTAR) was correct and the government-provided cost data was not "tainted," the South Korean government said in a May 19 motion at the Court of International Trade (Hyundai Steel v. U.S., CIT # 22-00170).
Commerce misconstrued its own regulations when it ordered CBP to liquidate entries of Goodluck India's cold drawn mechanical tubing from India at a 33.7% adverse facts available antidumping duty rate derived from a subsequent court decision, rather than the zero percent rate that was actually in effect at the time of entry, the company said in a May 15 brief at the Court of International Trade (Goodluck India v. U.S., CIT # 22-00024).
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 on May 18 sustained a second remand redetermination by the Commerce Department in its seventh administrative review of the antidumping duty orders on off-road tires from China, finding Commerce permissibly applied its methodology when it denied separate rate status to Chinese exporters Guizhou Tyre Import and Export (GTC) and Aeolus Tyre and instead assigned the "China-wide" AD rate of 105.31%.