Increased Section 232 duties on steel products from Turkey may be invalid or even unconstitutional, the Court of International Trade said in a Nov. 15 decision. Denying the government’s motion to dismiss an importer's challenge of the 50 percent duty, which was dropped back to 25 percent in May (see 1905170004), the court said Transpacific Steel raises arguments that may lead to a refund of the additional duties in the CIT’s final decision.
Brian Feito
Brian Feito is Managing Editor of International Trade Today, Export Compliance Daily and Trade Law Daily. A licensed customs broker who spent time at the Department of Commerce calculating antidumping and countervailing duties, Brian covers a wide range of subjects including customs and trade-facing product regulation, the courts, antidumping and countervailing duties and Mexico and the European Union. Brian is a graduate of the University of Florida and George Mason University. He joined the staff of Warren Communications News in 2012.
An automotive importer may use reconciliation to adjust the value of its entries for quarterly surcharges that account for commodity prices of the metals used in imported auto parts, CBP said in a ruling issued Oct. 22. The surcharges can be included because they are calculated according to a set, non-discretionary formula, and can be linked to specific entries through the importer’s records, CBP said in ruling HQ H302879.
The Court of International Trade on Nov. 13 overturned a Commerce Department scope ruling that found cedar shingles and shakes are subject to antidumping and countervailing duties on softwood lumber from Canada. The court said Commerce needed to explain why it had never considered shingles and shakes subject to softwood lumber cases dating back to 1982, but suddenly found they’re covered by the orders in the 2018 scope ruling.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 4-10:
CBP has taken some steps toward addressing a shortfall in antidumping and countervailing duty collections, but will need to continue to strengthen its collection process and implement a risk model for bonding that is currently in development to fully address the ongoing issue, the Government Accountability Office said in a report released Nov. 7.
LATHRUP VILLAGE, Mich. -- CBP is still wrapping its head around how it would enforce labor wage content requirements for automobiles under the renegotiated NAFTA, said Brenda Smith, executive assistant commissioner of CBP’s Office of Trade, at the Automotive Industry Action Group Customs Town Hall on Nov. 7.
The Food and Drug Administration will continue its policy of enforcement discretion for food facilities that have co-manufacturing agreements with brand owners and must comply with certain Food Safety Modernization Act requirements for supply-chain programs, it said in a Nov. 6 constituent update. The policy was set to end Nov. 6, but FDA has "learned of additional challenges industry is facing in trying to meet the supply-chain requirements," it said. Under the policy, FDA is not taking enforcement action against co-manufacturers that are not in compliance with certain supply-chain program requirements related to supplier approval and supplier verification. Industry has expressed concerns that confidentiality clauses in existing contracts prevent co-manufacturers from obtaining information about suppliers. FDA did not say for how long the policy would be extended, but said it would soon announce the extension in the Federal Register.
The Food and Drug Administration is proposing a new accreditation scheme for food testing laboratories that would require importers to use accredited laboratories in some circumstances, including getting food they import off import alerts and proving admissibility of food that is initially refused admission.
No lawsuits were filed at the Court of International Trade, and no appeals of CIT decisions were filed at the U.S. Court of Appeals for the Federal Circuit, during the week of Oct. 28 - Nov. 3.
The International Trade Commission issued Revision 16 to the Harmonized Tariff Schedule. Changes in the new edition that take effect Nov. 1 include the restoration of eligibility of many Ukrainian goods for the Generalized System of Preferences, as well as implementation of the results of the Office of the U.S. Trade Representative’s 2019 GSP product review, which also requires minor changes to tariff subheadings for certain plywood. A new set of exclusions from Section 301 tariffs on products from China are also added to the tariff schedule.