A Chinese automobile accessories exporter sought summary judgment at the Court of International Trade on Dec. 7 in its case contesting CBP's imposition of 25% Section 301 tariffs on its products (Keystone Automotive Operations v. U.S., CIT # 21-00215).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following lawsuits were recently filed at the Court of International Trade:
A Chinese brick exporter alleged Dec. 4 at the Court of International Trade that the Commerce Department is illegally expanding the scope of its antidumping and countervailing duty orders on Chinese-imported magnesia carbon bricks (Fedmet Resources v. U.S., CIT # 23-00117).
Judges at the U.S. Court of Appeals for the Federal Circuit during Dec. 7 oral arguments sharply questioned importer Rimco's arguments that it didn't need to raise an Eighth Amendment challenge to its adverse facts available rate administratively at the Commerce Department before challenging it in court (Rimco v. United States, Fed. Cir. # 22-2079).
The Court of International Trade doesn't have jurisdiction to hear importer Southern Cross Seafoods' challenge to the National Marine Fisheries Service's rejection of its application for preapproval to import Chilean sea bass, the court ruled Dec. 7. Judge Timothy Reif said that the agency's decision, issued under the Antarctic Marine Living Resources Convention Act of 1984 (AMLRCA), doesn't constitute an "embargo or other quantitative restriction," barring jurisdiction under Section 1581(i), the court's "residual" jurisdiction.
The Commerce Department published the preliminary results of its antidumping duty administrative review on fresh garlic from China (A-570-831). The agency preliminarily said the only company remaining under review, Jining Huahui International Co., Ltd., had no bona fide exports of subject merchandise to the U.S. during the period under review. If Commerce's “no shipments” finding for Jining Huahui is continued in the final results, subject merchandise from the company will continue to enter at AD rates previously in effect, and any entries filed with Jining Huahui's case number entered Nov. 1, 2021, through Oct. 31, 2022, will be liquidated at the China-wide rate. Commerce will make its final decision when it issues the final results of this review, currently due in April.
Sens. Bill Cassidy, R-La., and Tammy Baldwin, D-Wis., have introduced a bill that would direct antidumping and countervailing duty revenue to counties that have been injured by trade. According to a one-page description of the bill, introduced Dec. 6, "Priority is given to communities where a domestic producer would be most likely to increase production and employment with the benefit of a grant."
The following lawsuits were recently filed at the Court of International Trade:
Liquified natural gas export project Magnolia LNG withdrew from a lawsuit filed by the Sierra Club challenging the Department of Energy's Office of Fossil Energy and Carbon Management approval of Magnolia LNG's and Golden Pass LNG Terminal's applications to increase their authorized LNG export volumes. Submitting its motion on Dec. 1 to the U.S. Court of Appeals for the D.C. Circuit, Magnolia said it wanted to withdraw as a respondent-intervenor "because it has determined to move forward with a new application to Energy for authorization to export LNG to non-free trade nations" (Sierra Club v. U.S. Department of Energy, D.C. Cir. # 22-1217).