The Commerce Department issued a final rule making various changes to its antidumping and countervailing duty procedures, notably altering its nonmarket economy policy in AD cases by allowing entities in third countries "owned or controlled" by nonmarket economies to be subject to the country-wide AD rate for that nation.
Jared Cynamon, a former trade attorney at the Commerce Department, has joined Sandler Travis as an associate, according to the law firm and Cyanmon's LinkedIn page. Cynamon spent the past four years at Commerce, where he reviewed antidumping and countervailing duty determinations.
Uzbekistan wants to join the World Trade Organization by 2026, a "high-level government delegation" from the Central Asian nation said during the 9th meeting of the Working Party on the Accession of Uzbekistan. Deputy Prime Minister Jamshid Khodjaev said Uzbekistan is looking to "intensify efforts to finalize outstanding negotiations and harmonize its legal and regulatory frameworks with WTO agreements." The delegation noted that since the last meeting of the working party, the nation has concluded negotiations with nine additional members, bringing the total of completed bilateral talks to 22. The chair of the working party, South Korea's Yun Seong-deok, encouraged members to ramp up their engagement with Uzbekistan next year and wants to reconvene the working party in spring 2025.
A Chinese national was charged for his role in a scheme to illegally ship export-controlled "defense-related technical data" to China and illegally supply the Department of Defense with Chinese-origin rare earth magnets for aviation systems and military items, DOJ announced.
The following lawsuits were recently filed at the Court of International Trade:
Surety firm American Alternative Insurance Corp. filed a cross-claim in a customs penalty suit brought by the U.S. against importer Repwire, its manager Jose Pigna and the surety. On Dec. 9, American Alternative Insurance told the Court of International Trade that Repwire and Pigna should be compelled to pay the over $13 million penalty and that the company and its manager "are obligated to indemnify" the insurance company for the amount of duties and fees being demanded (United States v. Repwire, CIT # 24-00173).
Importer Fine Emeralds will get refunds for duties paid on its rough, unworked emerald stones, the company announced in a stipulated judgment filed on Dec. 9 at the Court of International Trade. While the emeralds were assessed 10.5% duties under Harmonized Tariff Schedule subheading 7103.10.40, the government agreed to classify the products under subheading 7103.10.20, free of duty. Fine Emeralds' preferred subheading covers uncorked precious stones (Fine Emeralds v. U.S., CIT # 20-03928).
The Commerce Department didn't properly explain its approach to its surrogate financial ratio calculation in the 2016-17 review of the antidumping duty order on solar cells from China, the U.S. Court of Appeals for the Federal Circuit held on Dec. 9. Judges Timothy Dyk and Kara Stoll said Commerce failed to provide an "adequate explanation" regarding its treatment of overhead costs in coming up with the surrogate financial ratio.
A federal court in Texas on Dec. 3 preliminarily enjoined the government from enforcing the Corporate Transparency Act's (CTA) beneficial ownership information reporting requirements, finding that the law violates various elements of the U.S. Constitution. Judge Amons Mazzant found that the CTA "intrudes upon States' rights under the Ninth and Tenth Amendments," compels speech and harms the right of association under the First Amendment and violates the Fourth Amendment by "compelling disclosure of private information."
McKinsey and Co. Africa, a subsidiary of consulting giant McKinsey, will pay over $122 million to settle an investigation that found the company violated the Foreign Corrupt Practices Act by paying bribes to South African government officials from 2012 to 2016, DOJ announced. A former McKinsey senior partner, Vikas Sagar, pleaded guilty to his role in the scheme.