The Commerce Department permissibly refused to offer exporter East Sea Seafoods Joint Stock Company separate rate status in the 2019-20 administrative review of the antidumping duty order on catfish from Vietnam, petitioner Catfish Farmers of America argued in a Feb. 10 brief supporting Commerce's remand results. The petitioner said that while the Court of International Trade relied on the U.S. Court of Appeals for the Federal Circuit's decision in Yanghzou Bestpak Gifts & Crafts Co. v. U.S. to remand the issue, legal developments since Bestpak have called into question the relevance of the decision (Green Farms Seafood Joint Stock Company v. United States, CIT # 22-00092).
The Commerce Department's third factor for assessing a foreign government's de facto control over an exporter, which addresses the selection of management, doesn't require a link to export activities, the U.S. Court of Appeals for the Federal Circuit held on Feb. 11. Judges Sharon Prost, Richard Taranto and Raymond Chen also held that Commerce properly requires separate rate respondents to "carry a burden of persuasion to justify a separate rate," rejecting exporter Pirelli Tyre Co.'s claim that the agency shouldn't have conflated a rebuttable presumption with a requirement to carry a burden of persuasion.
Julie Edelstein, the former acting principal deputy chief of DOJ's Counterintelligence and Export Control Section, has joined the Wiggin and Dana law firm as a partner focused on national security, export controls and white-collar issues. Edelstein, who left DOJ last month, served as coordinator of the Disruptive Technology Strike Force, a joint group created by DOJ, the Commerce Department and other agencies to pool resources toward investigations of trade violations involving critical technologies (see 2411250027 and 2302160019).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. Court of Appeals for the Federal Circuit on Feb. 11 sustained the Commerce Department's decision to reject exporter Pirelli Tyre Co.'s bid for a separate antidumping rate in the third review of the AD order on passenger vehicle and light truck tires from China. Judges Sharon Prost, Richard Taranto and Raymond Chen said that Commerce's third factor for assessing whether the foreign government has de facto control over the separate rate respondent, which addresses the selection of management, doesn't require a link to export activities. The judges also said Commerce properly requires the applicant to "carry a burden of persuasion to justify a separate rate."
Authorities in the Dominican Republic seized an aircraft used by sanctioned Venezuelan state-owned oil and natural gas company Petroleos de Venezuela (PdVSA) at the request of the U.S. government due to alleged sanctions and export control violations, DOJ announced.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Judges at the U.S. Court of Appeals for the Federal Circuit questioned counsel for both antidumping respondent Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi and the government on the Commerce Department's decision to use Turkish lira to value Habas' home-market sales in the 2018-19 administrative review of the antidumping duty order on cold-rolled steel flat products from Turkey. Judges Kimberly Moore, Todd Hughes and Tiffany Cunningham questioned Habas' claim that U.S. dollars should have been used because its home market price negotiations, invoices and records all used U.S. dollars (Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi v. U.S., Fed. Cir. # 24-1158).
Sergei Zharnovnikov, a Kyrgyzstan national, was charged this week with illegal smuggling and conspiring to illegally export firearms from the U.S. to Russia. Zharnovnikov, who faces up to 30 years in prison if convicted, traveled to the U.S. last month for the Shooting, Hunting and Outdoor Trade Show in Las Vegas, where he was arrested.
The Commerce Department should have deducted a German thermal paper exporter's interest accrued from unpaid antidumping duties from that exporter’s constructed export price, domestic producer Domtar argued Jan. 31 (see 2408010048) (Domtar Corp. v. United States, CIT # 24-00113).