The Court of International Trade on Jan. 16 sent back CBP's finding that importer Columbia Aluminum Products' door thresholds evaded the antidumping and countervailing duty orders on aluminum extrusions from China. Judge Timothy Stanceu said CBP, in both the final evasion decision and an administrative review of the decision, committed "multiple errors, both of fact and of law." The judge said CBP didn't have evidence on its side in making the evasion finding, nor did it properly initiate the investigation.
U.S. Trade Representative Katherine Tai says that her agency and Congress "will need to work closely together" to address the fact that "existing rules of origin have left openings" for Chinese firms with operations outside China to avoid Section 301 tariffs and, depending where the operations occur, benefit from free trade agreements.
CBP recently affirmed an Enforce and Protect Act determination that found Lionshead Specialty Tire & Wheel, TexTrail and Trailstar evaded antidumping and countervailing duties on trailer wheels from China by transshipping Chinese-origin subject merchandise through Thailand, CBP said in a de novo administrative review of an EAPA investigation.
Allowing the financing companies that own leased vehicles to claim tax credits irrespective of where electric vehicles and their batteries were made, and lengthening the timeline to cut China out of battery and critical mineral supply chains, runs contrary to the Inflation Reduction Act, argued Senate Energy and Natural Resources Committee Chairman Joe Manchin, and the ranking member of the committee, Sen. John Barrasso, R-Wyo.
The shorter time frame for filing type 86 entries announced by CBP Jan. 12 is likely intended to allow the agency to target de minimis shipments in advance and give it more time to complete its targeting processes, said customs brokers asked about the policy change.
The Commerce Department is correcting its recently amended final results (see 2312260040) of the antidumping duty administrative review on certain oil country tubular goods (OCTG) from South Korea (A-580-870), covering the period Sept. 1, 2019, through Aug. 31, 2020.
Finished chassis imported by Pitts Enterprises that include Chinese-origin axles and landing gears are covered by antidumping and countervailing subsidy duties on chassis from China, the Commerce Department said in a Jan. 10 scope ruling.
Partner government agency items will be part of the ACE production deployment on Jan. 16, CBP said in a CSMS message Jan. 11. The deployment will include EPA's hydrofluorocarbons message set, as well as a new business rule for northern red snapper under the Seafood Import Monitoring Program announced in November (see 2311290046).
The Commerce Department is amending its final determination from the antidumping duty investigation on certain carbon and alloy steel cut-to-length plate (CTL plate) from Germany (A-428-844). The changes, based on the final decision in a Court of International Trade case, result in lower AD rates for Dillinger and the "all-others" companies. While Dillinger has received a more recent rate and its cash deposit rate isn't affected by the changes, the "all-others" cash deposit rate will change, effective Dec. 31, 2023. The amended rates are as follows:
The FDA on Jan. 8 announced the availability of new ways to submit cosmetic facility registrations and cosmetic product listings that will be required from foreign and domestic facilities beginning in July 2024. One is a new electronic submission method using a structured product labeling tool, as mandated by the Modernization of Cosmetics Regulation Act of 2022, which created the cosmetics registration requirements. FDA Forms 5066 and 5067 are also now available as a tool to provide cosmetic product facility registration and product listing information to the FDA. “While electronic submission is not required, FDA strongly encourages electronic submissions to facilitate efficiency and timeliness of data submission and management for the agency,” the FDA said. The original deadline for submission of cosmetics facilities was the end of 2023, but FDA extended it in November (see 2311080085).