Canadian national Nikolay Goltsev was sentenced to 40 months in prison for his role in a scheme to ship electronic parts to sanctioned Russian companies (see 2407100008), DOJ announced this week. Attorney General Merrick Garland said DOJ is “sparing no effort to ensure that those who violate America’s export controls to feed Russia’s war machine answer for their crimes in American courtrooms.”
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
In a Jan. 8 complaint at the Court of International Trade, exporter Zhejiang Dingli Machinery challenged the results of the first administrative review of the antidumping duty order on Chinese-origin mobile access equipment (Zhejiang Dingli Machinery v. United States, CIT # 24-00221).
Joshua Levy, a DOJ attorney who oversaw multiple high-profile export control-related cases, will resign from the federal government Jan. 17, the agency announced this week. Levy most recently served as the U.S. attorney for the District of Massachusetts, leading an office that charged two men in December for shipping sensitive drone technology to Iran (see 2412170021) and that fined American defense firm RTX in October to resolve allegations that it tried to defraud the U.S. government and commit defense export control violations (see 2410160058).
The U.S. Jan. 6 supported the Commerce Department’s final results in an Indian off-road tires countervailing duty review against attacks from petitioner Titan Tire. A mandatory respondent didn’t receive the benefit of import duty exemptions from the Indian government, it said (Titan Tire Corporation v. U.S., CIT # 23-00233).
The U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo confirms that the U.S. Court of Appeals for the Federal Circuit must use its own judgment rather than defer to the Commerce Department in reviewing the agency's multifactor test for assessing independence from de facto Chinese government control of export functions, exporter Pirelli Tyre Co. argued (Pirelli Tyre Co. v. U.S., Fed. Cir. # 23-2266).
Antidumping petitioner Coalition of American Manufacturers of Mobile Access Equipment took to the Court of International Trade on Jan. 3 to challenge the Commerce Department's surrogate value picks in the 2022-23 review of the antidumping duty order on mobile access equipment from China. The petitioner filed a 12-count complaint to contest 12 different surrogate data picks (Coalition of American Manufacturers of Mobile Access Equipment v. United States, CIT # 24-00219).
Court of International Trade Judge Claire Kelly on Jan. 2 granted a motion to consolidate two cases challenging the Commerce Department’s refusal to grant several Chinese pea protein exporters separate rates in an antidumping duty investigation (Yantai Oriental Protein Tech Co. v. United States, CIT # 24-00181, -00179).
The parties in a pair of countervailing duty suits asked the Court of International Trade to continue a stay in the cases pending the result of a separate action involving the same parties on whether the Commerce Department can countervail exporter KG Dongbu Steel Co.'s debt-to-equity restructurings. KG Dongbu, the U.S., petitioner Nucor Corp. and the South Korean government asked Judge Jennifer Choe-Groves to continue the stay pending the result of the lead action (KG Dongbu Steel Co. v. United States, CIT #s 23-00055, 24-00056).
Exporters led by Bio-Lab argued that the statute concerning surrogate value selection requires the Commerce Department to balance the importance of both economic and merchandise comparability rather than elevating one factor over the other. Filing a reply brief earlier this month at the Court of International Trade, Bio-Lab said that the court should find this to be the "best" reading of the statute, 19 U.S.C. 1677b(c), under the standard of review for ambiguous statutes established by the Supreme Court in Loper Bright Enterprises v. Raimondo (Bio-Lab v. U.S., CIT Consol. # 24-00024).