The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP has found that six companies evaded antidumping and countervailing duty orders on wooden cabinets and vanities from China, according to a notice dated Oct. 6 and released Nov. 16. Uni-Tile & Marble, Durian Kitchen Depot, Kingway Construction, Lonlas Building Supply, Maika'i Cabinet & Stone and Top Kitchen Cabinet were found to have evaded the AD and CVD orders by transshipping through Malaysia.
The U.S. Court of Appeals for the Federal Circuit will hold an oral argument on Jan. 10, 2023, at 10 a.m. EST in a case on whether President Donald Trump illegally expanded Section 232 steel and aluminum tariffs to include derivative products. According to the notice of oral argument, the court will hold the hearing in Courtroom 201 in the Howard T. Markey National Courts Building in Washington. In the case, the Court of International Trade said that Trump illegally expanded the tariffs to derivative products beyond the 105-day deadline to take tariff action that runs from the submission of a report from the commerce secretary. In Transpacific Steel v. U.S., however, the Federal Circuit said that Trump could take certain tariff actions beyond this deadline so long as it it was part of the original "plan of action" (see 2107130059) (PrimeSource Building Products v. U.S., Fed. Cir. # 21-2066).
Paul Rosenthal, partner at Kelley Drye, has been elected to serve as the chair of the firm, succeding Jim Carr, whose eight-year term ends at the end of the year, Kelley Drye announced. Rosenthal originally joined the Washington, D.C., firm Collier Shannon in 1981 and negotiated its merger with Kelley Drye in 2006. He's held various leadership roles at the firm since, including D.C. office managing partner and government relations and public policy practice group leader. Rosenthal's practice is centered on international trade and government relations.
Solar developers, installers, manufacturers, and solar array accessory providers are asking Commerce Secretary Gina Raimondo to reject claims that solar panels made in Southeast Asia are really of Chinese origin, and therefore, are circumventing antidumping and countervailing duties on Chinese solar panel exports.
The Court of International Trade on Nov. 16 released the public version of its Nov. 15 opinion dismissing a conflict-of-interest suit filed by plaintiffs led by Amsted Rail Company seeking to removeDaniel Pickard and his firm Buchanan Ingersoll from an International Trade Commission injury proceeding for lack of subject matter jurisdiction. Judge Gary Katzmann ruled that while the court does have the jurisdiction to review the ITC's decision to grant Pickard and Buchanan access to business proprietary information (BPI), it does not have this jurisdiction under Section 1581(i) -- the court's "residual" jurisdiction. The judge left the door open for the plaintiffs to refile their case under Section 1581(c) "once a claim under" this provision "is ripe."
Size-reduction machinery should be classified as duty-free machines for "crushing, grinding, or screening" rather than as "other electromechanical" machines, dutiable at 2.5%, importer Vecoplan said in a Nov. 14 motion for summary judgment at the Court of International Trade (Vecoplan v. United States # 20-00126).
The Court of International Trade in a Nov. 15 judgment dismissed Amsted Rail's conflict-of-interest case against its former counsel for lack of subject-matter jurisdiction. Concurrently filing a confidential opinion but a public order, Judge Gary Katzmann said the plaintiffs can refile under Section 1581(c). The case was originally filed under Section 1581(i), the court's "residual" jurisdiction (Amsted Rail v. U.S., CIT #22-00307).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Three U.S. citizens and Quadrant Magnetics were charged with wire fraud, violating the Arms Export Control Act and smuggling goods relating to their participation in an illegal scheme to ship export-controlled defense-related technical data to China, DOJ announced. They also allegedly supplied DOD with Chinese-origin rare earth magnets for aviation systems and military items, DOJ said.