The Customs Rulings Online Search System (CROSS) was updated June 17-27 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):
Refraining from joining exporters’ June 13 submission to the Court of International Trade (see 2406140059), a plaintiff-intervenor importer filed its own motion for judgment making similar arguments against Commerce’s finding that Thai solar panel exporters had circumvented an antidumping duty order on solar panels from China (Canadian Solar International Limited v. U.S., CIT # 23-00222).
The EU General Court in a pair of decisions on June 26 annulled the sanctions listings of Russian businessman Dmitry Alexandrovich Pumpyanskiy and his wife, Galina Evgenyevna Pumpyanskaya. Pumpyanskiy was listed for supporting the Russian government and acting as a "leading businessperson operating in Russia" providing a "substantial source of revenue to the Government of Russia." He formerly served as chairman of Pipe Metalurgic Company (TMK) and president of investment firm Group Sinara, while his wife was listed solely for her link to the businessman. The court said the European Council can't rely on those listing criteria to maintain Pumpyanskiy's sanctions designation given that he no longer holds those positions at TMK or Group Sinara. Pumpyanskaya was removed because the sole basis of her designation was severed following her husband's successful appeal.
The U.S. in a June 25 brief defended the Commerce Department's finding that 16 of exporter Baroque Timber Industries (Zhongshan) Co.'s input suppliers are government authorities based on adverse facts available, which was used due to the Chinese government's failure to provide adequate information (Baroque Timber Industries (Zhongshan) Co. v. United States, CIT # 23-00136).
Joly Germine of Croix-des-Bouquets, Haiti, was sentenced to 35 years in prison for his role in a scheme to illegally export firearms to Haiti and for laundering money paid for U.S. hostages held by the Haitian gang 400 Mawozo, DOJ announced.
The Commerce Department reduced the antidumping duty rate for a collapsed entity, made up of exporter Siemens Gamesa, affiliated supplier Windar Renovables and five of Windar's subsidiaries, from 73% to 28.55% after reverting to the use of partial adverse facts available for the entity (Siemens Gamesa Renewable Energy v. U.S., CIT # 21-00449).
Exporters Guizhou Tyre Co. and Aeolus Tyre Co. said in a June 20 reply brief that the U.S. ignored the manner in which the U.S. Court of Appeals for the Federal Circuit said presumptions operate under the Federal Rules of Evidence (Guizhou Tyre Co. v. United States, Fed. Cir. # 23-2163).
Adam Safwat, a former deputy chief of DOJ's fraud section, has joined Foley Hoag as a partner in the white collar crime and government investigations practice, the firm announced. Safwat will be based in Washington, D.C., and will focus on Foreign Corrupt Practices Act investigations, sanctions, political corruption and financial fraud, the firm said. Safwat most recently was a partner at Nelson Mullins.
The EU General Court on June 19 rejected Russian businessperson Igor Rotenberg's bid to be removed from the EU's Russian sanctions list. Rotenberg was sanctioned for holding leadership positions in Russian companies SGM, Gazprom Drilling and Mostotrest and for his association with his father, oligarch Arkady Rotenberg, and with President Vladimir Putin.
The Office of Foreign Assets Control urged a federal court late last month to dismiss the sole remaining claim in a lawsuit challenging the agency’s sanctioning of two former Afghan government officials for corruption.