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. and defendant-intervenors led by Archer Daniels Midland each argued June 10 that Loper Bright doesn’t impact the Commerce Department’s discretion in deciding to use a mandatory review respondent’s annual conversion costs and quarterly direct material costs (Citribel v. United States, CIT # 24-00010).
DOJ announced last week that it opened a civil forfeiture action in the U.S. District Court for the District of Columbia against more than $7.74 million allegedly laundered on behalf of the North Korean government. The funds were initially "restrained" as part of an indictment against North Korean banker Sim Hyon Sop, who was allegedly conspiring with North Korean information technology workers who illegally "amassed millions in cryptocurrency" as a means of evading sanctions on North Korea, DOJ said.
A Russian citizen was charged with using his cryptocurrency company Evita to violate U.S. sanctions by funneling over $500 million in overseas payments through U.S. banks and cryptocurrency exchanges, according to a 22-count indictment unsealed by DOJ on June 9. Iurii Gugnin, a resident of New York and a Russian citizen, was charged with wire and bank fraud, conspiracy to defraud the U.S. and violating the International Emergency Economic Powers Act, among other charges.
As the U.S. Court of Appeals for the Federal Circuit mulls the government's emergency stay motion against a Court of International Trade decision permanently enjoining tariffs issued under the International Emergency Economic Powers Act, five different groups of amici filed briefs at the appellate court either attacking or defending the trade court's ruling.
Chinese exporter Yingli Energy on June 3 supported its argument that the Court of International Trade should strike down the Commerce Department’s usual presumption that exporters in non-market economies are under government control (Yingli Energy (China) Co. v. United States, CIT # 24-00131).
The Customs Rulings Online Search System (CROSS) was updated May 20-23 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
Matthew Graves, a former senior DOJ official during the Biden administration who oversaw prosecutions of sanctions violations and other financial crimes, has joined Winston & Strawn's white-collar and government investigations practice. Graves left his DOJ role as the U.S. attorney for the District of Columbia in January.
The U.S. Court of Appeals for the Federal Circuit on June 3 sharply questioned counsel for exporter Jilin Forest Industry Jinqiao Flooring Group Co. in its case alleging that the Commerce Department doesn't have the adequate legal authority for its non-market economy policy in antidumping duty cases, which includes a rebuttable presumption that an exporter is controlled by the NME nation (Jilin Forest Industry Jinqiao Flooring Group Co. v. United States, Fed. Cir. # 23-2245).
The Commerce Department is asking for public comments on its proposals to revise the current policy of assessing entries of unaffiliated resellers at the all-others antidumping duty rate and to eliminate expedited countervailing duty reviews. Comments are due by July 7.