Aluminum extrusion producer Kingtom Aluminio requested to intervene in a Court of International Trade case over an antidumping duty evasion investigation that found it transshipped aluminum extrusions from China through the Dominican Republic to skirt the duties. A previous request was denied by Judge Richard Eaton (see 2106210059). Undeterred, Kingtom filed a motion for reconsideration in the court. Eaton permitted the producer on Aug. 5 to support its motion with an affidavit by individuals who can speak to Kingtom's interests in the case along with a brief, with a maximum of 10 pages, to explain how this affidavit satisfies the requirement for intervention (Global Aluminum Distributor LLC v. United States, CIT #21-00198).
A Court of International Trade case over importer Greenlight Organic's alleged fraud in misclassifying its knit garments should be dropped since the statute of limitations ran out, Greenlight said in an Aug. 3 brief. After the court ruled in 2018 that the statute of limitations had some lingering questions, Greenlight said it has procured enough evidence for the court to now rule in its favor and that the U.S.'s fraud case is effectively time barred (United States v. Greenlight Organic, Inc. et al., CIT #17-00031).
The Customs Rulings Online Search System (CROSS) was updated Aug. 3 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
The growth in the number of antidumping and countervailing duty orders enforced by CBP in recent years appears to be continuing, said Elizabeth Teague, an analyst at CBP, who spoke during a CBP Detroit Trade Week event on Aug. 3. "In Fiscal Year 2020, CBP began to enforce 45 new AD/CVD orders," she said. "So far in 2021, we are outpacing that number and have begun enforcing an additional 83 AD/CVD orders just this year." As of July, there were 625 active AD/CVD orders on 191 products from 59 countries, with China being the most frequently named country of origin, she said. Over half of all the AD/CVD orders involve steel or steel-related products, Teague said.
The Court of International Trade stayed the liquidation of steel and aluminum "derivative" imports potentially subject to the Section 232 national security tariffs, in an Aug. 2 decision. Due in part to a recent U.S. Court of Appeals for the Federal Circuit decision, Transpacific Steel LLC et al. v. U.S., CIT permitted the U.S.'s motion for a stay of liquidation for entries that would be assessed the 25% tariff on steel and aluminum derivatives.
The Trump administration’s “radical escalation” of Section 301 tariffs on lists 3 and 4A Chinese goods “transgressed the statutory limits carefully delineated by Congress” when it crafted the 1974 Trade Act and delegated foreign-trade powers to the executive branch, Akin Gump lawyers for sample case plaintiffs HMTX Industries and Jasco Products said. This came in a cross-motion for judgment on the agency record filed the evening of Aug. 2 at the Court of International Trade in docket 1:21-cv-52. Akin Gump’s proposed order asks that the lists 3 and 4A tariffs be vacated, that any duties paid be refunded with interest and that the government be “permanently enjoined” from imposing the tariffs again.
Strait Shipbrokers and its managing director, Murtuza Mustafa Munir Basrai, filed a complaint July 19 in the U.S. District Court for the District of Columbia challenging its Specially Designated Nationals listing (see 2101050012). The Trump administration made the designation after concluding the company helped with the transport of petroleum from Iran. Straight Shipbroker countered, claiming it's not required to check the origin of its cargo in its role as a broker and that the designation was made in violation of the Administrative Procedure Act and its Fifth Amendment rights to due process (Strait Shipbrokers Pte. Ltd. et al. v. Blinken et al., D.C. Cir. #21-01946).
Dali Bagrou and his company World Mining and Oil Supply pleaded guilty on Aug. 2 in the U.S. District Court for the Southern District of Georgia to violating the Export Control Reform Act, the U.S. Attorney's Office for the Southern District of Georgia said in a press release. The scheme started when a Russian state-owned enterprise began working with Oleg Vladislavovich Nikitin, general director of Russia-based energy company KS Engineering, to buy a power turbine from a U.S.-based manufacturer for around $17.3 million, the release said.