The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Country of origin cases
The Commerce Department properly dropped its reliance on an Enforce and Protect Act case to reject third-country sales in an antidumping duty review, the Court of International Trade ruled in a Dec. 6 opinion. Judge Gary Katzmann upheld Commerce's remand results, which used respondent Z.A. Sea Food's (ZASF's) Vietnamese sales to calculate normal value in an AD review on Indian products. The domestic shrimp industry had argued Commerce should use constructed value because there is no evidence the shrimp sold in Vietnam was consumed by the Vietnamese customers. Katzmann waived the domestic industry's claims "due to the lack of adequate argument."
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. cannot rely on the Commerce Department's post hoc rationalization of its decision to countervail glass subsidies in a countervailing duty review, plaintiff-appellants, led by Guangzhou Jangho Curtain Wall System Engineering Co., argued in a Dec. 5 reply brief at the U.S. Court of Appeals for the Federal Circuit. The appellants also said that the government did not take new agency action in making its determination, showing a "kind of bait and switch decision-making" decried in a key Supreme Court case (Taizhou United Imp. & Exp. Co. v. United States, Fed. Cir. 22-2000).
The Court of International Trade on Dec. 6 upheld the Commerce Department's finding of no particular market situation for hot-rolled coil steel in an antidumping duty review on welded line pipe from South Korea. Judge Claire Kelly also upheld Commerce's decision to recalculate respondent Nexteel's costs without making a non-prime product adjustment and revise the non-examined companies' rate. However, the judge again remanded the agency's further explanation of its classification of Nexteel's suspended production line costs.
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. filed new charges under the Foreign Corrupt Practices Act against Javier Aguilar, a former oil and commodities trader at Vitol, accusing the Mexico and Houston resident of conspiracy to violate the FCPA's anti-bribery provisions for schemes in Ecuador and Mexico. The case against Aguilar was originally brought to the U.S. District Court for the Eastern District of New York in 2020 solely for the Ecuadorian bribery scheme (see 2009230016). The new indictment now lays out five counts against Aguilar, four for FCPA violations and one for money laundering (U.S. v. Javier Aguilar, E.D.N.Y. #20-00390).
Switzerland-based global technology firm ABB agreed to pay over $315 million to settle a Foreign Corrupt Practices Act investigation over the bribery of an official at South Africa's state-owned energy company, DOJ announced Dec. 2. DOJ coordinated the resolution of the case with the SEC and authorities in South Africa and Switzerland.
The Port of Hidalgo, Texas, lacked the authority to reliquidate entries of mangoes from Mexico, CBP headquarters said in a Sept. 30 ruling, made public on Nov. 29. The ruling was in response to a protest filed on behalf of importer RB Logistics, which imported the mangoes in 2013, claiming preferential treatment under NAFTA. The port liquidated the entries, without change, in January 2014 but then reliquidated the entries with an increase in duties owed in February 2017.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: