Commerce's use of adverse inferences in selecting a countervailing duty rate in an administrative review on narrow woven ribbons with woven selvedge from China was correct and done using an established Commerce hierarchy, DOJ argued in its April 17 remand comments (Yama Ribbons and Bows v. U.S., CIT # 20-00059).
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:
A CBP remand determination that importer Diamond Tools Technology didn't evade antidumping and countervailing duty orders on diamond sawblades from China is correct, although the agency continues to err in its underlying explanations, the company said in its April 17 remand comments at the Court of International Trade. CBP admitted under protest that Diamond Tools didn't make a "material and false statement" in its March remand results (see 2303200072) but the importer argued that CBP still misinterprets the Enforce and Protect Act statute and misunderstands its authority (Diamond Tools Technology v. United States, CIT # 20-00060).
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 incorrectly calculated subsidy rates and improperly applied adverse facts available despite the cooperation of respondent Jiangsu Alcha Aluminum, Alcha said it an April 14 motion for judgment at the Court of International Trade. Alcha is contesting Commerce's methodology in the agency's administrative review of a countervailing duty order on common alloy aluminum sheet from China (Jiangsu Alcha Aluminum Co. v. U.S., CIT #22-00290).
The Commerce Department double counted energy costs for Chinese xanthan gum producer Fufeng in an antidumping duty review on xanthan gum from China, and "compounded" the error by applying the incorrect rate to separate rate applicant, Meihua, the company said in an April 14 complaint at the Court of International Trade (Meihua Group International Trading (Hong Kong) v. U.S., CIT # 23-00069).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Pants designed to assist with incontinence should be classified under the duty-free Harmonized Tariff Schedule subheading 9817.00.96 as "Articles specially designed or adapted for the use of and benefit of the blind and other physically or mentally handicapped persons," Viecura said in an April 13 complaint at the Court of International Trade (Viecura v. U.S., CIT # 21-00154).
The Customs Rulings Online Search System (CROSS) was updated April 14 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 Court of International Trade should sustain the International Trade Commission's critical circumstances determination from its investigation on raw honey from Vietnam, the American Honey Producers Association and Sioux Honey Association said in an April 10 response at the Court of International Trade. The commission asked the court to deny a December motion for judgment by Sweet Harvest Foods and three other plaintiffs challenging the ITC's finding (Sweet Harvest Foods v. U.S., CIT # 22-00188).