The U.S. Court of Appeals for the Federal Circuit on June 20 issued its mandates in a pair of appeals on three exporters' challenges to the Commerce Department's decision to deny them separate rates in the 2012-13 and 2014-15 reviews of the antidumping duty order on new pneumatic off-the-road tires from China (see 2504280020). The court said the exporters' claims on whether the agency can "deem decisive an exporter's failure to establish lack of state control of management selection" without more proof of state control over export activities were precluded by the appellate court's recent holding in Pirelli Tyre v. U.S. The court then said Commerce provided sufficient evidence to back its decision to reject the separate rate applications of all three companies (Guizhou Tyre Co. v. United States, Fed. Cir. # 23-2163) (China Manufacturers Alliance v. United States, Fed. Cir. # 23-2391).
The Court of International Trade on June 20 upheld the International Trade Commission's affirmative injury determination on oil country tubular goods from Argentina, Mexico, Russia and South Korea. Judge Jennifer Choe-Groves reviewed and sustained the ITC's decision to cumulate the imports from the four countries and its determination regarding the imports' "volume, price effects, and impact."
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Opposing the United States’ and New Zealand's claims to the contrary (see 2506040068), environmental group Maui and Hector’s Dolphin Defenders NZ again said June 10 that New Zealand’s incidental bycatch regulations and its zero mortality rate goal for endangered Maui dolphins weren’t as strong as the U.S. regulations, rendering unsustainable a National Marine Fisheries Service comparability finding (Maui and Hector's Dolphin Defenders NZ v. National Marine Fisheries Service, CIT # 24-00218).
Only the Supreme Court can provide the "finality and certainty that America's businesses need" in ruling that the International Emergency Economic Powers Act doesn't provide for tariffs, libertarian advocacy group the Washington Legal Foundation argued in a June 18 amicus brief. Urging the high court to take up two importers' IEEPA suit prior to full review by the U.S. Court of Appeals for the D.C. Circuit, the foundation argued that IEEPA doesn't provide for tariffs and that only SCOTUS can "provide certainty and finality on that question" (Learning Resources v. Trump, Sup. Ct. # 24-1287).
A Venezuelan national and a U.S. citizen were arrested on June 13 and charged with violating U.S. sanctions on Venezuela by selling "chemical catalysts, industrial equipment, and associated services" to sanctioned Venezuelan state-owned steel mills and petrochemical companies, DOJ announced. The Venezuelan national, Juan Carlos Cairo-Padron, and the U.S. citizen, Thomas Fortinberry, both face a maximum of 20 years in prison for sanctions and money laundering counts and 10 years in prison for smuggling.
A Texas-based industrial equipment supplier and its former CEO were fined millions of dollars for intentionally violating sanctions and export control laws, but the U.S. declined to prosecute its parent company after the firm voluntarily disclosed the violations and cooperated closely with DOJ’s investigation.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Joshua Kurland, a 15-year trial attorney at DOJ, has joined Hogan Lovells as a partner in the international trade and investment practice, the firm announced. At DOJ, Kurland led the government's litigation efforts in many cases in the Commercial Litigation Branch, including over 250 international trade-related cases. From January 2024 to January 2025, he sered as a trial attorney detailed in DOJ's national security division, covering counterintelligence and export control matters.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: