The Court of International Trade on April 3 again sent back Commerce’s third remand redetermination in an antidumping duty investigation of certain steel nails from Taiwan. Judge Claire Kelly ruled Commerce appeared to have misinterpreted a previous ruling by the U.S. Court of Appeals for the Federal Circuit that asked Commerce to better support its reasoning for using simple averages despite citing contradictory literature in previous cases.
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 statute of limitations in customs penalties runs from the date of entry, not from the date that the importer directed the violation to be committed, the Court of International Trade said in a March 31 decision that denied a motion to dismiss a fraud case against Florida businessman Zhe "John" Liu (U.S. v. Zhe "John" Liu, CIT # 22-00215).
Liquidation of imported picture frame moldings should have been suspended pending antidumping and countervailing duty administrative reviews, importer Larson-Juhl told the Court of International Trade in a March 30 complaint. The complaint contests CBP's denial of Larson-Juhl's protests concerning the liquidation and assessment of duties on nine entries subject to AD and CVD orders on wood mouldings and millwork products from China (Larson-Juhl US v. United States., CIT # 23-00032).
Court of International Trade can't issue a decision in a denied protest challenge based on a finding that can't determine the proper origin, Cyber Power Systems argued in a March 30 motion for reconsideration to CIT. Cyber Power asked the court for a partial retrial or rehearing of its Feb 27 ruling, in which CIT found that Cyber Power didn’t prove a substantial transformation occurred for four models of its uninterruptable power supplies and one model of its surge voltage protector (see 2302270064) (Cyber Power Systems v. U.S., CIT # 20-00124).
Counterweights for mini-excavators are not parts for "backhoes" and should be excluded from Section 301 tariffs, manufacturer Norca argued in a March 29 motion at the Court of International Trade. Norca accused the government of obscuring and overcomplicating the distinction between the two equipment types (Norca Engineered Products v. U.S., CIT # 21-00305).
Electronic goods with Chinese components such as notebooks, laptops and modems reimported to the U.S after undergoing repairs in Mexico are still subject to Section 301 tariffs on the repairs, even though the repairs are duty free under USMCA, CBP said in a February ruling.
CBP’s interpretation of the drawback statute and programming of its ACE Drawback Module led to an "absurd" rejection of substitution unused merchandise drawback eligibility for an importer of civil aviation equipment that disregards the basic structure of the tariff schedule, Spirit Aerosystems said in a March 24 motion for summary judgment at the Court of International Trade (Spirit Aerosystems v. U.S., CIT # 20-00094).
Commerce made errors in its calculations, choice of data, and use of adverse facts available during the eighth administrative review of the antidumping duty order on crystalline silicon photovoltaic cells from China, according to four separate motions for judgment filed at the Court of International Trade. The case combined several complaints all challenging aspects of Commerce’s final determination (see 2208300012) (Jinko Solar Import and Export Co. v. U.S., CIT # 22-00219).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: