Byungmin Chae filed a petition May 9 for a rehearing of a U.S. Court of Appeals for the Federal Circuit opinion that landed him one question shy of passing the customs broker exam he took in April 2018. The multiple choice question asked which mail articles are not subject to CBP examination or inspection (Byungmin Chae v. Janet Yellen, Fed. Cir. # 22-2017).
Country of origin cases
Importer Farrier Product Distribution settled its case originally challenging Section 232 steel and aluminum duties on "derivative" products, securing refunds of the duties, the company told the Court of International Trade in a motion to voluntarily dismiss its case. Farrier said the parties sought to "resolve the legal controversy that gave rise to this matter," adding that the U.S. and the importer have been "successful in that effort" (Farrier Product Distribution v. United States, CIT # 20-00098).
Importer WHP Associates evaded antidumping and countervailing duty orders on thermal paper from China, Germany and Korea by transshipment through Malaysia, according to a recently released notice from CBP. In an Enforce and Protect Act investigation, CBP found substantial evidence showed that Malaysian company Actan transshipped Korean, German,and Chinese-origin thermal paper through Malaysia that was then imported by WHP with a false country of origin claim.
The Commerce Department illegally failed to revoke the antidumping duty order on softwood lumber from Canada for exporter Resolute FP Canada in the expedited first sunset review of the AD order, the exporter argued in a complaint at the Court of International Trade. The four-count suit says that Commerce unlawfully said Resolute FP was selling merchandise below value via its use of the Cohen's d test, which found the company to be guilty of "masked" dumping, and zeroing (Resolute FP Canada v. United States, CIT # 23-00095).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following lawsuit was recently filed at the Court of International Trade:
The Court of International Trade upheld the finding of CBP's Office of Regulations and Rulings (ORR) that MSeafood Corp. did not evade antidumping duties on frozen warmwater shrimp from India by transshipping the products through Vietnam, in a decision released to the public May 4. Judge Claire Kelly said that CBP in its affirmative evasion finding failed to consider evidence showing exporter Minh Phu Group's tracing system is reliable and arbitrarily transformed a single instance of evasion into an evasion finding for a whole year.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: