Correction: The correct spelling for the name of an attorney referenced in our Dec. 13 report on the International Custom Products vs. U.S. court case (See ITT's Online Archives 12121239 is Kelly Herman, of Venable.
HSBC Holdings will pay $375 million to settle potential liability on behalf of it and affiliates for apparent violations of the Iranian Transactions Regulations, the Burmese Sanctions Regulations, the Sudanese Sanctions Regulations, the Cuban Assets Control Regulations, and the Libyan Sanctions Regulations, the Treasury Department's Office of Foreign Assets Control said.
A California man was sentenced Dec. 10 to two and a half years in federal prison for importing counterfeit goods, including counterfeit exercise equipment purporting to be Malibu Pilates, Bowflex and Ab Circle Pro, reported Immigration and Customs Enforcement. Stanley Kuo Jua Yang was remanded into custody at the conclusion of Monday's sentencing hearing, ICE said.
The Court of International Trade stayed Koehler’s challenge of the 2008-09 antidumping administrative review of lightweight thermal paper from Germany (A-428-840) on the issue of zeroing, as well as other aspects of the final results, pending resolution of Union Steel v. U.S. In Union Steel, currently on appeal, CIT affirmed the International Trade Administration’s explanation for zeroing in administrative reviews but not investigations. The ITA provided a similar explanation in this case. The U.S. government opposed the stay, arguing that Koehler did not raise the issue during the administrative review and so failed to exhaust its administrative remedies. Shortly before the final results were issued, CAFC decided for the first time in Dongbuv. U.S not to affirm the ITA’s use of zeroing in administrative reviews. The ITA said the decision was merely a remand, not an actual change to the law, so it did not merit waiving the exhaustion requirement. But CIT said the fact that the law is now “unsettled” by the remand means it is waiving the exhaustion requirement and staying the case.
Yen Ling Chen, a citizen of Taiwan, pleaded guilty Dec. 11 to violating the International Emergency Economic Powers Act by attempting to export weapons-grade carbon fiber from the U.S. to Taiwan, said the Department of Justice. Chen was arrested in the U.S. after attempting to negotiate a deal to acquire tons of the specialized fiber, which has applications in the defense and aerospace industries and subject to Bureau of Industry and Security controls, it said. Chen faces up to 20 years in prison.
Zhaoqing New Zhongya Aluminum Co. appealed an Oct. 11 Court of International Trade ruling affirming the final determination in the antidumping investigation of aluminum extrusions from China (A-570-967). In its decision, CIT agreed with the International Trade Administration's decision to treat three Chinese companies, including Zhaoqing New Zhongya, as a single entity and apply adverse facts available (AFA) to that entity. The combined entity was assigned an AD rate of 33.28 percent as a result.
Del Monte appealed the Court of International Trade’s Oct. 12 ruling that its tuna is correctly classified in the Harmonized Tariff Schedule as packed in oil, despite being packaged in marinade consisting of only 2.48 percent oil. The company had argued its tuna should be classified in one of two subheadings for fish not in oil, dutiable at 6 or 12.5 percent, respectively. CIT’s decision means the tuna is dutiable at 35 percent. In arriving at its decision, CIT relied on a U.S. Note and century-old case law to say that any oil content whatsoever means the fish is packed in oil.
The Court of International Trade approved amendments to its rules, originally proposed Oct. 3, after considering comments on the changes. Effective Jan. 1, 2013, CIT will make changes to Rules 3, 5, 56, 56.2, 65, 73.2, 75 and 81; USCIT Forms 5, 11, 14 (new) and 18A (new); USCIT Specific Instructions for Forms 11, 14 (new) and 18A (new); Administrative Order 02-01; Appendix on Access to Business Proprietary Information Pursuant to Rule 73.2(c); and Standard Chambers Procedures, including new Forms SCP 1, SCP 2, SCP 3 and SCP 4.
The Court of International Trade remanded, for the second time, the International Trade Administration’s determination that Advanced Technology & Minerals Co. (AT&M) was not state-controlled and was therefore eligible for a separate rate in the antidumping investigation of diamond sawblades and parts thereof from China (A-570-900). The ITA’s explanation from the first remand was inadequate, the court said, but CIT declined to otherwise express an opinion on the ITA’s determination.
A Queens, N.Y., man was arrested Nov. 6 in connection with a scheme to illegally export defense articles and goods with military applications from the U.S. to Taiwan and China, said the Department of Justice. Mark Henry faces charges of conspiracy to violate the Arms Export Control Act, a violation of the Arms Export Control Act and the International Traffic in Arms Regulations, and an attempt to violate the International Emergency Economic Powers Act.