Country of origin cases

CBP has released its May 5 Customs Bulletin (Vol. 55, No. 17), which includes the following ruling actions:

Akin Gump added Cindy Owens, previously with Covington & Burling, as a counsel in its international trade practice, the firm said in a news release. Owens “represents multinational clients on customs matters, including classification, valuation, country of origin, drawback, transfer pricing, foreign trade zones, bonded warehouses, free trade agreements and general entry process requirements,” it said.

Changes made to the Court of International Trade's rules and fees took effect on May 3, according to an earlier notice of the amendments. Alterations to CIT Rules 3, 5, 15, Form 20 and Administrative Order 02-01 are now in force along with changes in fees made to the Schedule of Fees, Rule 74 and Form 10. The attorney admission certificate fee for the original admission of an attorney to practice was raised to $88, from $81.

The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:

The following are short summaries of recent CBP “NY” rulings issued by the agency's National Commodity Specialist Division in New York:

The Court of International Trade remanded an antidumping case to the Commerce Department, finding that the agency's determination that wood flooring importer Jilin Forest Industry Jinqiao Flooring Group Co. was de facto controlled by the Chinese government lacked substantial evidence. Judge Richard Eaton, in the April 29 opinion, also found that Commerce's application of its non-market economy policy to Jilin did not clear the proper evidentiary standard, launching into an elongated discussion of the policy's original intent.

The U.S. Court of Appeals for the Federal Circuit recently upheld a lower court decision that found the Commerce Department correctly applied adverse facts available to a Mexican exporter after it submitted corrected cost data without adequate information in an antidumping duty administrative review.

San Diego-based tungsten products manufacturer Tungsten Heavy Powder settled a False Claims Act allegation for $5.6 million for false origin claim, the U.S. Attorney's Office for the Southern District of California said in an April 29 news release. The producer was accused of falsely certifying that it sourced materials from the U.S. for items made under contract with the government of Israel, funded by the U.S. Defense Security Cooperation Agreement Agency. The U.S. accused THP of falsely declaring that its Chinese-origin tungsten from China was from the U.S. The U.S. also alleged THP falsely certified that manufacturing occurred in the U.S., when it instead produced its products via a contract with a Mexican maquiladora factory.

At the same time that trade-related False Claims Act cases cover an increasing number of types of allegations against importers and exporters, the rewards doled out to whistleblowers seems to be on the rise, Sidley Austin said in an April 29 analysis. Discussing increasing trade exposure in FCA cases in part two of a series on the practice (see 2104210028), Sidley said there is a trend of increased payout size. "These factors foreshadow an increase in trade-related FCA actions in the near future,” the firm said.

Shuren Qin, a Chinese national living in Wellesley, Massachusetts, pleaded guilty to illegally causing the export of more than $100,000 worth of U.S.-origin goods to Chinese military university Northwestern Polytechnical University, the U.S. Attorney's Office for the District of Massachusetts announced in an April 28 news release. Qin pleaded guilty to a litany of charges including conspiracy to unlawfully export items without an export license, visa fraud, money laundering and smuggling hydrophones from the U.S. to China, the Justice Department said. The illegally exported goods consisted of technology with underwater and marine applications to allegedly be used for NWPU's development of unmanned aerial vehicles, autonomous underwater vehicles and missile proliferation projects, Justice said. To import the goods, Qin created LinkOcean Technologies, subsequently sending the goods to China from the U.S., Canada and Europe.