Newly Released CBP HQ Rulings Jan. 29-30
The Customs Rulings Online Search System (CROSS) was updated Jan. 29-30 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):
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H333263: Application for further review of Protest No. 4601-22-132081; Golden Spectrum LLC.; scope of antidumping and countervailing order; certain quartz surface products
| Ruling: CBP properly liquidated the entries with the assessment of antidumping duties. The protest is denied in full. |
| Issue: Did CBP properly liquidate the entries with the assessment of antidumping duties? |
| Item: 26 shipments of slabs from China. CBP assessed antidumping and countervailing duties on the slabs and liquidated the entries on April 1, 2022. Golden Spectrum now protests CBP’s assessment of antidumping and countervailing duties. |
| Reason: The sample from the subject entries had less crushed glass content than quartz, and thus was within scope of the orders. While Commerce’s scope ruling recommends that slabs such as the one in Golden Spectrum’s request fall outside the scope of the orders, the evidence here shows that the slab tested by LSSD is materially different from the ones in Commerce’s scope ruling. The case then rests on the protestant’s ability to show by a preponderance of the evidence that LSSD’s determination was incorrect, which it didn't. Therefore, CBP was in its authority to liquidate the subject entries with AD/CVD duties. |
| Ruling Date: Nov. 29, 2023 |
H324074: Ruling Request; U.S. International Trade Commission; Limited Exclusion Order; Investigation No. 337-TA-1204; Certain Chemical Mechanical Planarization Slurries and Components Thereof
| Ruling: The articles in question from the Stipulation, in conformity with its provisions, are not subject to the exclusion order and that the article at issue are not subject to exclusion from entry based on application of CBP HQ Ruling H242025. Entry for consumption into the United States, entry for consumption from a foreign trade zone, or withdrawal from a warehouse for consumption of the articles, however, is conditioned on the submission of a certification, as provided for in this ruling. |
| Issue: Are the articles at issue subject to the limited exclusion order under a theory of indirect infringement based on active inducement? |
| Item: Slurries and components thereof, including colloidal silica abrasive particles |
| Reason: Because the articles at issue were present in the legacy slurries but not accused or found to infringe during the underlying investigation, and because the administrative record reflects the removal of the infringing Fuso BS-3 but does not contain any evidence of additions or other modifications to those legacy slurries except that removal, CBP will not refuse entry to the articles at issue. |
| Ruling Date: Nov. 30, 2023 |