CBP created Harmonized System Update 2516 on April 18, containing 65 Automated Broker Interface records and 21 Harmonized Tariff Schedule records. HSU 2516 includes the Safeguard for Sugar adjustments and PGA updates. In support of the PGA updates, an FDA tariff flag was added to HTS 2702.10.0000 Lignite, whether or not pulverized, but not agglomerated.
The Court of International Trade cannot order the reliquidation of finally liquidated entries except where a protest has been filed or a civil action has been filed challenging an antidumping duty or countervailing duty determination, the U.S. Court of Appeals for the Federal Circuit held on April 21. Judges Richard Taranto and Raymond Chen held that the statute, 19 U.S.C. 1514, doesn't let the trade court order reliquidation based on equitable considerations.
The U.S. Court of Appeals for the Federal Circuit on April 21 held to a strict interpretation of the principle of finality of liquidation, ruling that the Court of International Trade can't consider equitable reasons for ordering reliquidation of finally liquidated entries. Judges Richard Taranto and Raymond Chen said the trade court can't order reliquidation beyond the statutory exceptions, which specifically refer to filing a protest with CBP or a civil action at the trade court. Judge Jimmie Reyna dissented from the ruling, arguing that the majority misapprehends CBP's protest procedures and improperly limits "CIT’s authority to enforce its judgments to a level that is inferior" to the full authority of an Article III court.
A Federal Maritime Commission administrative law judge has denied USL Auto Exporting Inc.’s complaint accusing Easy Shipping Corp. of mishandling a shipment of four vehicles from Savannah to Libya, according to a decision released April 16.
The International Trade Commission published notices in the April 18 Federal Register on the following antidumping and countervailing duty (AD/CVD) injury, Section 337 patent or other trade proceedings (any notices that warrant a more detailed summary will be in another ITT article):
The International Trade Commission is issuing a limited exclusion order banning imports of certain components for injection molding machines, and products containing the same from Ningbo AO Sheng Mold Co. Ltd., dba AOSIMI (ITC Inv. No. 337-TA-1425), it said in an April 18 notice. Additionally, the ITC set a bond of 100% of the entered value for covered articles imported or sold during the period of presidential review.
The Commerce Department has released the preliminary results of a countervailing duty administrative review of crystalline silicon photovoltaic cells, whether or not assembled into modules, from China (C-570-980). This review covers subject merchandise from the exporters under review entered during the period Jan. 1, 2022, through Dec. 31, 2022.
The Commerce Department issued its final affirmative determination in the countervailing duty investigation on imports of ceramic tile from India, it said in a fact sheet issued April 17. Commerce set CVD rates ranging from 3.06% to 3.45% for Indian exporters. It also set zero rates for all Indian exporters in its final antidumping duty determination, so Commerce will end the investigation and won't impose an AD order on ceramic tile from India. Publication in the Federal Register of these final determinations should occur in the coming days.
The Commerce Department is beginning a new antidumping duty investigation on monomers and oligomers imported from South Korea and Taiwan, it said in a fact sheet April 17. The underlying petition was filed in late March (see 2504010047). The International Trade Commission is scheduled to make its preliminary injury determinations by May 12. The investigation will continue only if the ITC finds injury. International Trade Today will provide more details upon publication of the initiation notices in the Federal Register.
The Commerce Department published notices in the Federal Register April 18 on the following antidumping and countervailing duty (AD/CVD) proceedings (any notices that announce changes to AD/CVD rates, scope, affected firms or effective dates will be detailed in another ITT article):