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).
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 8 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):
A Court of International Trade decision on the classification of net wraps used for bailing hay was "fatally inconsistent" with the Federal Circuit's controlling precedent on the tariff definition of a part, RKW Klerks argued in a May 7 brief at the U.S. Court of Appeals for the Federal Circuit (RKW Klerks v. United States, Fed. Cir. # 23-1210).
A suit at the Court of International Trade challenging CBP's assessment of antidumping and countervailing duties on imported sinks and kits should be dismissed because the plaintiff failed to pay duties before filing the case, DOJ said in a heavily redacted May 5 motion. DOJ asked the court to dismiss the case for lack of subject matter jurisdiction and to dismiss one count of the complaint for failure to state a claim for which relief can be granted (RH Peterson Co. v. U.S., CIT # 20-00099).
The Court of International Trade on April 27 upheld the Commerce Department's remand results in a case involving the 2018 administrative review of the countervailing duty order on utility scale wind towers from Vietnam. The Wind Tower Trade Coalition failed to convince the court that CS Wind Vietnam manipulated its rate in the review by redesigning its operations or that Commerce failed to correctly investigate the source of steel plate used in the towers.
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 should push back the end of discovery until well after required disclosures in a fraud and evasion penalty case, defendant Zhe Liu said in a May 5 motion. Liu said that currently the end of discovery is set for May 15 but that initial disclosures will not be completed until after the discovery deadline, meaning that Liu would be unable to identify any individuals known to CBP that have information possibly relevant to his defense (United States v. Zhe "John" Liu, CIT # 22-00215).
GreenFirst Forest is not the successor to Rayonier A.M. Canada (RYAM) for the purposes of countervailing duty calculation because RYAM still exists, DOJ said in its May 3 response brief at the Court of International Trade. DOJ asked the court to sustain Commerce’s remand redetermination on softwood lumber products from Canada (GreenFirst Forest Products v. U.S., CIT # 22-00097).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: