The Court of International Trade on Jan. 19 granted a joint motion that results in duty-free treatment for swimsuits reimported by SGS Sports under Harmonized Tariff Schedule subheading 9801.00.20. The ruling avoids a bench trial over whether the swimsuits qualify for the subheading as U.S. goods returned to the country.
Target Corp. told the U.S. Court of Appeals for the Federal Circuit that the U.S. failed to distinguish the court's opinion in Cemex v. U.S. from Target's case, in which the retail giant is contesting a court-ordered reliquidation of its entries that erroneously received a favorable antidumping duty rate. Target said that no "amount of legal legerdemain and reference to" distinguishable case law can "mask the vacuity of" the "attempted distinctions" (Target Corp. v. United States, Fed. Cir. # 23-2274).
The Court of International Trade on Jan. 19 sustained the Commerce Department's use of exporter PhosAgro's profit before tax number instead of its gross profit mark when calculating the company's phosphate mining rights benefit.
Ilya Kahn, a citizen of the U.S., Russia and Israel, was arrested on Jan. 17 for allegedly aiding a scheme to illicitly ship sensitive technology from the U.S. to a sanctioned Russian business, DOJ announced. Kahn was charged in the U.S. District Court for the Central District of California with conspiracy to violate the Export Control Reform Act.
The Supreme Court heard oral argument on Jan. 17 in a pair of cases contesting the Chevron doctrine, under which deference is afforded to executive agencies in interpreting federal laws where there is ambiguity. Many of the justices appeared primed to strike down the doctrine, including Justices Neil Gorsuch, Brett Kavanaugh, Samuel Alito and John Roberts, who either criticized its use or questioned its current relevancy and impact (Loper Bright Enterprises v. Raimondo, Sup. Ct. # 22-451) (Relentless v. Dept. of Commerce, Sup. Ct. # 22-1219).
NEW YORK -- The Court of International Trade held oral argument on Jan. 18 in Chinese exporter Ninestar's case challenging its placement on the Uyghur Forced Labor Prevention Act Entity List, addressing the company's motion for a preliminary injunction against its listing and its bid to unseal and unredact the record in the case (Ninestar Corp. v. U.S., CIT # 23-00182).
Carlton Llewellyn, former senior executive at cargo airline Polar Air Cargo Worldwide, pleaded guilty on Jan. 16 to conspiracy to commit wire fraud as part of a scheme to defraud the airline, the U.S. Attorney's Office for the Southern District of New York announced. The count comes with a maximum five-year prison stint, and in addition, Llewellyn agreed to pay $347,879.44 in forfeiture and a restitution payment of $305,800 to Polar. Sentencing is scheduled for May 7.
Importer Sweet Harvest Foods and the National Honey Packers & Dealers Association will appeal to the U.S. Court of Appeals for the Federal Circuit a November Court of International Trade decision sustaining the International Trade Commission's critical circumstances finding on raw honey imports from Vietnam that led to the retroactive imposition of antidumping duties on the products, they said in Jan. 16 notices of appeal (see 2311170064) (Sweet Harvest Foods v. U.S., CIT # 22-00188).
The Court of International Trade in a Jan. 16 order allowed some changes proposed by the U.S. to the amended protective order (APO) in exporter Ninestar Corp.'s case against its addition to the Uyghur Forced Labor Prevention Act Entity List, but it denied a motion from Ninestar to amend the protective order (Ninestar Corp. v. U.S., CIT # 23-00182).
The Court of International Trade on Jan. 16 sent back CBP's finding that importer Columbia Aluminum Products' door thresholds evaded the antidumping and countervailing duty orders on aluminum extrusions from China. Judge Timothy Stanceu said CBP, in both the final evasion decision and an administrative review of the decision, committed "multiple errors, both of fact and of law." The judge said CBP didn't have evidence on its side in making the evasion finding, nor did it properly initiate the investigation.