The Commerce Department issued notices in the Federal Register on its recently initiated antidumping and countervailing duty investigations on pea protein from China (A-570-154/C-570-155). The CVD investigation covers entries Jan. 1 - Dec. 31, 2022. The AD investigation covers entries Jan. 1 - June 30, 2023.
Harmonized Tariff Schedule
The Harmonized Tariff Schedule (HTS) is a reference manual that provides duty rates for almost every item that exists. It is a system of classifying and taxing all goods imported into the United States. The HTS is based on the international Harmonized System, which is a global standard for naming and describing trade products, and consists of a hierarchical structure that assigns a specific code and rate to each type of merchandise for duty, quota, and statistical purposes. The HTS was made effective on January 1, 1989, replacing the former Tariff Schedules of the United States. It is maintained by the U.S. International Trade Commission, but the Customs and Border Protection of the Department of Homeland Security is responsible for interpreting and enforcing the HTS.
The following lawsuits were filed at the Court of International Trade during the week of July 24-30:
CBP determined that importer Zinus US evaded an antidumping duty order covering wooden bedroom furniture from China by making "material false statements or omissions," it said in a notice released July 28. The agency said there was "substantial evidence" showing Zinus imported Chinese-origin furniture by using general product descriptions and misclassifying the furniture as non-covered merchandise.
The government correctly classified counterweights for mini-excavators as "backhoe" parts, rendering them ineligible for a Section 301 tariff exclusion, CIT Judge Jane Restani ruled in a July 21 opinion.
Sens. Bob Menendez, D-N.J., and Bill Cassidy, R-La., have reintroduced a bill that would refund some tariffs paid to importers of goods that were hit with tariffs as a result of the Airbus dispute with the EU. The bill also would prohibit future actions by the Office of the U.S. Trade Representative that would hike tariffs on goods already in transit -- unless the tariffs were on a nonmarket economy, such as China. The bill would require USTR to set an effective date for the tariff hike no sooner than 60 days from the publication of the target list.
The following lawsuits were filed at the Court of International Trade during the week of July 10-16:
A U.S. producer seeks the imposition of new antidumping and countervailing duties on pea protein from China, it said in a petition filed with the Commerce Department and the International Trade Commission July 11. Commerce will now decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CVD orders and the assessment of AD and CVD on importers. The petition was filed by Puris Proteins.
There is a "real opportunity" to update the Harmonized Tariff Schedule codes so that "potential tariff benefits" go toward products that are trying to reduce environmental impacts, Recreational Equipment, Inc. Vice President of Sustainability Matthew Thurston said during a panel discussion June 11.
The following lawsuits were filed at the Court of International Trade during the weeks of June 26 - July 2 and July 3-9:
A street mounted docking station for electronic bikes and scooters is correctly classified as a vending machine, according to a recently released CBP ruling. The ruling concerns the Monolith Docking station, which its importer, Lyft, described as a street mounted locking platform for the securing and dispensing of E-bikes or E-scooters. The station has the ability to electronically transmit operational information such as bike availability to remote servers running operations programs.