International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
The Court of International Trade on June 10 signaled that CBP's practice of not notifying companies when they become subject to interim Enforce and Protect Act investigations could give rise to a due process claim should the company sufficiently allege that it suffered "specific enough harm." However, the court found that importer Phoenix Metal failed to allege that harm with enough specificity.
CBP has imposed interim measures on 10 companies cited for allegedly evading antidumping and countervailing duties when importing oil country tubular goods (OCTG) from China.
The following lawsuits were filed at the Court of International Trade during the week of May 27 - June 2:
CBP issued the following releases on commercial trade and related matters:
CBP announced a new Enforce and Protect Act investigation, saying it has reasonable suspicion that Just About Foods evaded the antidumping and countervailing duty orders on xanthan gum from China, and enacting interim measures against the importer.
CBP found substantial evidence that Midwest Livestock Systems evaded antidumping and countervailing duty orders covering steel gratings from China. CBP, in an Enforce and Protect Act notice of determination dated April 9, said that Midwest Livestock imported the steel gratings in the form of “tri-bar flooring” from a Chinese supplier, failing to declare the items as subject to the AD/CVD orders.
Perkins Coie partner Michael House told an audience of automotive supply chain professionals that this fiscal year has seen not only a sharp increase in the number of detentions, "but even more important, in our view, is the scope of products being detained has diversified, and there's been a steady increase in detentions of merchandise that were outside those original so-called priority sectors."
The Court of International Trade on April 24 sustained CBP's finding on remand that importer Columbia Aluminum Products didn't evade the antidumping and countervailing duty orders on aluminum extrusions from China. But Judge Timothy Stanceu rejected Columbia's claim that CBP needed to immediately terminate the interim measures issued under the Enforce and Protect Act after reversing its original evasion finding.
CBP issued the following releases on commercial trade and related matters: