The Commerce Department has published the final results of the antidumping duty administrative review on silicomanganese from India (A-533-823). Commerce set an AD rate of 0.53% for the only company under review, Maithan Alloys Limited. This pushed the preliminarily assigned rate of de minimis, or zero percent, above the de minimis level, after Commerce adjusted the margin calculations for the final results. Commerce will assess AD on subject entries from Maithan Alloys during the period May 1, 2023, through April 30, 2024, at importer-specific rates. A new 0.53% AD cash deposit rate takes effect for Maithan on May 18, the date the final results were published in the Federal Register.
Much of the trade industry isn’t ready for the Consumer Product Safety Commission's eFiling requirement to become mandatory in ACE on July 8, brokers and professionals said.
The Commerce Department is adding a new provision to the tariff schedule for goods listed under a subheading subject to Section 232 tariffs on steel, aluminum or copper that don’t actually contain any of those metals. New subheading 9903.82.01 will apply a zero additional tariff rate to such goods, retroactive to the initial effective date of recent Section 232 tariff changes on April 6, Commerce said in a notice.
The Supreme Court's decision in the International Emergency Economic Powers Act tariffs cases confirms that IEEPA can't be used to end the de minimis threshold, importer Detroit Axle argued in a reply brief at the Court of International Trade. Filing a brief in support of its renewed motion for partial summary judgment, the importer noted that the Supreme Court held the IEEPA tariffs unlawful, since none of the statute's authorities includes the "power to raise revenue," adding that it's "indisputable that eliminating a tariff exemption is functionally identical to imposing a tariff on previously exempted goods" (Axle of Dearborn, d/b/a Detroit Axle v. Dept. of Commerce, CIT # 25-00091).
The Commerce Department has released the final results of the antidumping duty administrative review on certain preserved mushrooms from the Netherlands (A-421-815). These final results will be used to set final assessments of AD on importers for subject merchandise entered Nov. 3, 2022, through April 30, 2024.
A former Trump National Economic Council trade expert, Kate Kalutkiewicz, said the changes to the Section 232 derivatives methodology "does reflect an acknowledgment by the administration that there was a lot of confusion by importers around how they were supposed to calculate the value of steel, aluminum or copper in a good and apply a tariff. Customs, I think, was also struggling to come up with formulas that made sense here."
SAN ANTONIO -- Even after the Trump administration overhauled Section 232 tariffs on steel, aluminum and copper in a proclamation earlier this month, several lawyers at the National Customs Brokers & Forwarders Association of America annual conference said they still expect audits applying the prior framework on old entries, and the question of whether iron is covered has been left unanswered.
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Trade professionals and an attorney who serves importers said changing the approach on derivatives to 25% (or 15%) of the full value of a product, and scaling back the scope of the products affected is largely positive.
A proclamation issued by President Donald Trump April 2 creates a new "de minimis" exemption from Section 232 metals tariffs for some metal derivatives that contain less than 15% of Section 232 metal content by weight. The proclamation was issued alongside an executive order setting Section 232 tariffs on brand-name pharmaceuticals at 100%, though with exceptions for companies that onshore production.