The Commerce Department has let respondents "game the system" and avoid countervailing duty liability for an otherwise countervailable program "simply by requesting a 'verification' after the fact from a willing foreign government," petitioner Titan Tire Corp. argued in a March 28 reply brief at the Court of International Trade. Titan Tire said this system "creates a loophole that threatens to eviscerate the regulation through significant potential gamesmanship" (Titan Tire Corp. v. United States, CIT # 23-00233).
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 following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Department of the Treasury last week dropped sanctions against cryptocurrency mixer Tornado Cash following a review of the "novel legal and policy issues raised by use of financial sanctions against financial and commercial activity occurring within evolving technology and legal environments." Treasury told a Texas court it removed Tornado Cash from the Specially Designated Nationals and Blocked Persons list, arguing that a case against the sanctions listing should now be briefed on whether the issue is moot (Van Loon, et al. v. Department of the Treasury, W.D. Tex. # 23-00312).
The U.K.'s Office of Financial Sanctions Implementation fined the Russian subsidiary of British law firm Herbert Smith Freehills about $600,000 for violating U.K. sanctions on Russia. The firm was penalized for six payments it made worth over $5 million to sanctioned Russian banks Alfa-Bank JSC, PJSC Sovcombank and PJSC Sberbank.
The U.S. defended its use of its quarterly cost methodology in calculating exporter Officine Tecnosider's antidumping duty rate in the 2020-21 administrative review of the AD order on steel plate from Italy, arguing that petitioner Nucor Corp.'s claims to the contrary fail to show that it's the "one and only" reasonable outcome. Submitting a brief on March 19 in defense of its remand results, Commerce said it wasn't free to ignore evidence of a link between the respondent's costs and sales prices during the review period (Officine Tecnosider v. United States, CIT # 23-00001).
The U.S. District Court for the Western District of Kentucky declared a mistrial in a case against defense contractor Quadrant Magnetics for violating export controls after the government sent the company thousands of pages of documents relevant to the case immediately prior to and during the company's trial (United States v. Quadrant Magnetics, W.D. Ky. # 3:22-00088).
The U.S. filed a civil forfeiture complaint in the U.S. District Court for the Southern District of Florida on March 18 against an aircraft that was allegedly smuggled from the U.S. and operated to benefit Venezuelan President Nicolas Maduro and his representatives in Venezuela, in violation of U.S. sanctions and export controls. The aircraft, a Dassault Falcon 900 EX plane with tail number T7-ESPRT, was seized last year in the Dominican Republic at the request of the U.S., DOJ said.
Akin Gump announced the official launch of its national security and global investigations team on March 13. The practice group will work on "cross-border criminal, civil administrative and congressional investigations and voluntary self-disclosures relating to potential sanctions, export control, anti-corruption and anti-money laundering laws and regulations," the firm said.