CBP correctly classified a supermodule for use in hydrogen fuel-cell powerplants as parts of electric generators rather than as a water gas generator, DOJ argued in a March 15 motion at the Court of International Trade (HyAxium v. United States, CIT # 21-00057).
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.
Industrial shredders imported by Vecoplan are classifiable as grinding and crushing tools under the Harmonized Tariff Schedule because the shredding operations break down material into small fragments and reduce the size of material by means of impacting the waste material, the importer argued in a March 15 motion (Vecoplan v. United States, CIT # 20-00126).
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 does not need an additional 91 days to produce a remand redetermination on a scope ruling involving antidumping and countervailing duties on common alloy aluminum sheet from China, importer Valeo said in a March 14 response motion at the Court of International Trade (Valeo North America v. United States, CIT # 21-00581).
The Customs Rulings Online Search System (CROSS) was updated March 15 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):
DOJ has asked the Court of International Trade permission to add AB MA Distribution Corporation as a defendant alongside Zhe "John" Liu and GL Paper Distribution in an amended complaint in a penalty case at the Court of International Trade. AB MA is allegedly a shell company through which Liu continued an illegal transshipment scheme to import Chinese-origin wire hangers through Malaysia, India and Thailand in order to evade antidumping and countervailing duties (see 2302070047) (United States v. Zhe "John" Liu, CIT # 22-00215).
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 made no corrections to the final results of a 2020-2021 administrative review of an antidumping duty order on polyethylene terephthalate resin from Oman after considering a ministerial error allegation by plaintiff Octal, DOJ told the Court of International Trade in a March 13 motion. DOJ had asked the Court to allow the Commerce Department to consider the allegation and, if necessary, to amend its final results. Commerce found that Octal untimely filed its allegation (Octal, et al. v. United States, CIT # 22-00352).
The International Trade Commission correctly used critical circumstances in its investigation of raw honey from Vietnam, the ITC said in its March 10 response brief at the Court of International Trade. The commission asked the court to affirm its determination and to deny a December motion for judgment by the four plaintiffs, Honey Solutions, Sunland Trading, Export Packers Co. and Sweet Harvest Foods (Sweet Harvest Foods, et al. v. United States, CIT # 22-00188).
The Court of International Trade ordered DOJ to produce documents in response to two discovery requests by Zhe "John" Liu, a defendant in a penalty case (U.S. v. Zhe "John" Liu, CIT # 22-00215).