Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP unlawfully initiated an antidumping duty and countervailing duty evasion investigation more than 15 days after receiving an allegation of duty evasion and imposed interim measures in violation of importer Sinoboom North America's due process rights, Sinoboom argued in a Dec. 22 complaint at the Court of International Trade (Sinoboom North America v. United States, CIT # 25-00876).
Exporter Trina Solar waived its argument that the "nature of the production process" in a third country can compel a negative circumvention finding, and, in any case, it's incorrect as a matter of law, the U.S. argued on Dec. 23. Filling a reply to Trina's comments on the Commerce Department's remand results, the government urged the Court of International Trade to accept the agency's finding that Trina's Vietnamese solar cells circumvented the antidumping and countervailing duties on Chinese solar cells (Trina Solar (Vietnam) Science & Technology v. United States, CIT # 23-00228).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Benjamin Hawk has left his position as acting chief of DOJ's Counterintelligence and Export Control Section, he announced on LinkedIn last week. He had been serving in the role since March 2022.
The Commerce Department was correct to, in its results on remand of a 2016-17 administrative review of the antidumping duty order on Chinese-origin passenger vehicle and light truck tires, grant exporter Shandong Linlong Tyre a separate rate, the U.S. said Dec. 15 (see 2508250042) (YC Rubber Co. (North America) v. United States, CIT Consol. # 19-00069).
CBP stuck with its finding that exporter Kingtom Aluminio uses forced labor in manufacturing aluminum extrusions following a decision from the Court of International Trade that the agency failed to adequately explain its initial forced labor finding. CBP found that "Kingtom submitted its employees to situations that align with multiple [International Labour Organization] (ILO) indicators of forced labor" (Kingtom Aluminio v. United States, CIT # 24-00264).
The Commerce Department misapplied its regulations regarding the filing of ministerial error allegations during an antidumping duty administrative review, the Court of International Trade held on Dec. 15. Judge Timothy Stanceu said Commerce erred in only allowing the petitioner in an AD review to raise ministerial error allegations regarding the final results that couldn't have been raised in the petitioner's case brief, finding that this cut against the "express requirement of Section 751(h)."
Mouser Electronics, one of several firms sued this week in a Texas state court for allegedly not doing enough to ensure the semiconductor parts they sell don't end up in Russian or Iranian hands (see 2512110054), said they will respond to the matter in court. “We deeply respect the legal process and will respond to this matter in court, versus the media,” said Kevin Hess, senior vice president of marketing at Mouser Electronics.