The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
U.S. seafood seller Luscious Seafood argued on Sept. 13 that the Commerce Department misinterpreted the statute when it found that the company didn't qualify as a bona fide wholesaler of the domestic like product. As a result of its finding, Commerce found Luscious' request for administrative review of the antidumping duty order on frozen fish fillets from Vietnam invalid (Luscious Seafood v. United States, CIT # 24-00069).
The EU General Court on Sept. 11 rejected the Russian National Settlement Depository's challenge to its listing on the Russian sanctions list. The court said that the European Council didn't fail to show that the depository, which provides financial services and securities record-keeping and custody services, plays an "essential role in the functioning of Russia's financial system."
The EU General Court earlier this month dismissed the delisting applications of Igor Kesaev, largest shareholder of Russian weapons maker Degtyarev Factory, and Kirill Shamalov, deputy chairman of the management board of petrochemical company Sibur Holding, in a pair of decisions, according to an unofficial translation.
The EU Court of Justice on Sept. 10 said the restriction on providing brokering services in relation to military equipment to parties in or for use in Russia applies even when the goods were never imported into an EU member state, according to an unofficial translation. The court said if this weren't the case, then the "prohibition could easily be circumvented" by shipping equipment on a route that didn't pass through EU territory.
Antidumping duty petitioner Wind Tower Trade Coalition argued on Sept. 11 that the Commerce Department unlawfully interpreted statutory language on whether exporter Dongkuk S&C's records reasonably reflected the costs associated with the production and sale of subject goods (Wind Tower Trade Coalition v. United States, CIT # 24-00070).
Gal Haimovich, an Israeli national, pleaded guilty Sept. 9 to conspiracy to commit export control and smuggling violations for his part in a scheme to ship aircraft parts and avionics equipment from the U.S. to Russia, DOJ announced. Haimovich admitted to "deceiving U.S. companies about the true destination of the goods at issue" and attempting to hide the scheme by submitting false information in export documents submitted to the U.S. government.
Christopher Stagg, an export control lawyer and former official with the State Department’s Directorate of Defense Trade Controls, started a new role as assistant editor at Bartlett's Annotated International Traffic in Arms Regulations, he announced on LinkedIn. The regularly updated publication is run by trade lawyer Jim Bartlett and includes ITAR-related footnotes, appendixes with statutes, court cases, consent agreements, government guidance and user aids.
The U.S. on Sept. 5 unsealed an indictment against Sam Bhambhani, a North Attleboro, Massachusetts, resident and salesman for an unnamed laser source supplier, for allegedly conspiring to violate U.S. export controls and smuggling goods from the U.S. by sending laser welding machines to Russia. Also named in the indictment was Maxim Teslenko, a Russian citizen, who "acted as a reseller of laser equipment to the Russian government."
The Customs Rulings Online Search System (CROSS) was updated between Aug. 30 and Sept. 9 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):