The Court of International Trade's decision ordering CBP to reliquidate customs entries flatly cuts against a recent U.S. Court of Appeals for the Federal Circuit decision that ruled against reliquidation after a court case led to a higher dumping rate for a different exporter, retail giant Target told the appellate court (Target v. U.S., Fed. Cir. # 23-2274).
Country of origin cases
U.S. steel companies "confuse" a case from Turkish exporter Eregli Demir ve Celik Fabrikalari (Erdemir) seeking reconsideration of an International Trade Commission negligibility decision due to new facts with an "attack on the original negligibility decision," Erdemir said. Filing a reply brief to the steel companies' motion to dismiss for lack of jurisdiction under Section 1581(i), the Court of International Trade's "residual jurisdiction," Erdemir said the true nature of its action challenges the ITC's "refusal to initiate a reconsideration proceeding to reconsider the neglibitily determination" of hot-rolled steel from Turkey "in light of the successful appeal of Colakoglu" (Eregli Demir ve Celik Fabrikalari v. U.S. International Trade Commission, CIT # 22-00349).
The Customs Rulings Online Search System (CROSS) was updated Sept. 29 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):
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
New Jersey jewelry company 21st Millennium and two individuals "who own or control the business," Iqbal Virani and Aqib Virani, admitted to evading customs duties on gold jewelry imports, the U.S. Attorney's Office for the District of New Jersey announced. Per the terms of a settlement agreement, the company and the two owners also agreed to pay $1 million to the U.S. after admitting to evading over $400,000 in customs duties.
CBP announced an Enforce and Protect Act (EAPA) investigation on whether Ebuy Enterprises and Highland USA International evaded an antidumping duty order on xanthan gum from China. The agency said it found reasonable suspicion existed that the importers had transshipped Chinese-origin xanthan gum through Malaysia, necessitating the imposition of interim measures.
A defendant in a criminal fraud case shouldn't be allowed to add his criminal attorney to a protective order in a related civil case, DOJ argued in a Sept. 28 motion at the Court of International Trade (U.S. v. Zhe "John" Liu, CIT # 22-00215).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. urged the Supreme Court of the United States to reject importer PrimeSource Building Products' petition for a writ of certiorari in a case on the expansion of Section 232 duties onto "derivative" products, telling the high court that PrimeSource's separation of powers claims fall flat. While the importer said the case can give the court a chance to reconsider its approach to nondelegation, the government argued that, under the principle of stare decisis, the petitioner must identify a "special justification" for revisiting established law, which it has failed to do here (PrimeSource Building Products v. U.S., Sup. Ct. # 23-69).
A protest approval relied on in a customs complaint from importer Under the Weather wasn't a "prior interpretive ruling" that CBP had to publish and revoke under 19 U.S.C. § 1625(c)'s notice-and-comment procedures before issuing a headquarters ruling on pop-up tents, the U.S. argued. Filing a partial motion to dismiss, the government claimed that only "interpretive determinations with prospective effect" qualify for the statute's "procedural safegurads" (Under the Weather v. United States, CIT # 21-00211).