A supermodule for use in hydrogen fuel-cell power plants is correctly classified as a water gas generator, not as "parts" of electric generators, fuel cell manufacturer and generator importer HyAxium said in a May 15 response brief at the Court of International Trade. HyAxium asked the court to rule that the PC50 supermodules are properly classifiable under Harmonized Tariff Schedule heading 8405 and to dismiss the government's cross-motion for judgment (HyAxium v. U.S., CIT # 21-00057).
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:
Granting a government counterclaim that unfinished steel tubes are subject to Section 301 tariffs and imposing the additional duties would be an unconstitutional action by the Court of International Trade "imposing a tax solely based on judicial power," Maple Leaf Marketing argued in a May 12 brief at the Court of International Trade (Maple Leaf Marketing v. United States, CIT # 20-03839).
The Customs Rulings Online Search System (CROSS) was updated May 15 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 following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department drew impossible conclusions with its adverse facts used in the antidumping duty investigation on carbon and alloy steel cut-to-length plate from France, relying on likely sales prices in place of production costs, counsel for Dillinger France said during May 10 oral arguments at the Court of International Trade (Dillinger France v. U.S., CIT # 17-00159).
May 10 CBP Bulletin Proposes to Modify Rulings on Beverage Dispenser Machines and a Transducer Array
In the May 10 Customs Bulletin (Vol. 57, No. 18), CBP published proposals to revoke rulings on beverage dispenser machines and a transducer array.
In the May 3 Customs Bulletin (Vol. 57, No. 17), CBP published a proposal to modify a ruling on anchovy oil.
Importer WHP Associates evaded antidumping and countervailing duty orders on thermal paper from China, Germany and Korea by transshipment through Malaysia, according to a recently released notice from CBP. In an Enforce and Protect Act investigation, CBP found substantial evidence showed that Malaysian company Actan transshipped Korean, German,and Chinese-origin thermal paper through Malaysia that was then imported by WHP with a false country of origin claim.
The Korean Government's Port Rights Program did not provide Hyundai Steel Company with a countervailable benefit, the company said in its May 8 remand comments at the Court of International Trade (Hyundai Steel Company v. U.S., CIT # 21-00536).