Importer FCMT filed a trio of complaints at the Court of International Trade last week challenging CBP's appraisement of its apparel entries. In all three cases, the importer argued that CBP failed to use the products' transaction value to appraise the merchandise and that CBP engaged in an "arbitrary and fictitious appraisement" of the merchandise (FCMT v. United States, CIT #s 21-00242, -00243, -00247).
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website May 30, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.
CBP issued the following releases on commercial trade and related matters:
Georgetown University law professor Jennifer Hillman said that while she expects the U.S. Court of Appeals for the Federal Circuit to take months to decide if the tariff actions under emergency powers weren't legal, the court might not stay the vacation of the orders during that time.
The International Trade Commission published notices in the May 30 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 Commerce Department published notices in the Federal Register May 30 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):
Suspension of liquidation and antidumping duty cash deposit requirements took effect May 29 for imports of paper file folders from Sri Lanka (A-542-806), after the Commerce Department found dumping in the preliminary determination of its ongoing AD investigation.
The Commerce Department made preliminary affirmative antidumping duty determinations that imports of hard empty capsules from Brazil (A-351-864), China (A-570-184), India (A-533-934) and Vietnam (A-552-847) are being sold in the U.S. at less than fair value. The agency has imposed AD cash deposit requirements on entries of subject merchandise beginning May 29.
The Commerce Department has published the final results of the antidumping duty administrative review on certain oil country tubular goods (OCTG) from South Korea (A-580-870). These final results will be used to set final assessments of AD duties on importers for subject merchandise from six companies under review entered September 2022 through August 2023.
The Commerce Department will impose further antidumping duties on monosodium glutamate imports from Malaysia, suspending liquidation and requiring AD cash deposits for entries over two and a half years earlier, and ending a certification process that had allowed some Malaysian MSG imports to avoid the duties.