The Commerce Department on April 16 once again found, on remand, that the South Korean government’s cap-and-trade carbon emissions program was de jure specific to one of the program’s users, a steel exporter (Hyundai Steel Co. v. U.S., CIT #22-00029).
The Ukraine High Anti-Corruption Court on April 10 upheld the Ministry of Justice's bid to impose sanctions and confiscate the assets of former Minister of Education and Science Dmytro Tabachnyk, according to an unofficial translation. The court noted that Tabachnyk is in the "temporarily occupied territories" and helps support the creation and functioning of the occupying administrations. The Ukrainian government sought to confiscate five land plots, a residential building, half a share of an apartment and monetary assets from the former minister. Ukraine's enforcement of its sanctions regime takes the form of asset freezes, the seizure of property and criminal sanctions, according to a blog post from global law firm Baker McKenzie. Ukraine passed legislation last year allowing for the "expropriation of property of" sanctioned parties.
The Cyprus Bar Association (CBA) last week raided a lawyer's lobbying firm offices as part of an investigation into "suspected fictitious transactions," Cyprus newspaper Phileleftheros reported. The investigation centered on Finsol, a firm that provides services to Santinomo, which reportedly holds shares in Intellexa AE -- an entity that's part of U.S.-sanctioned spyware firm Intellexa. The suspicious transactions began "shortly after US sanctions were imposed on entities of the Intellexa group," the newspaper's report said. A Greek lawyer registered with CBA owns Finsol. The CBA's compliance and oversight department is conducting the investigation and, upon its conclusion, will send a report to the association's administrative council. The council will decide whether "disciplinary measures will be taken or, more importantly, whether the case will be referred to the police for criminal investigation," Phileleftheros reported.
A former North Korean official serving in Thailand, Myong Ho Ri, was charged with conspiring to violate U.S. sanctions, bank fraud and money laundering, DOJ announced.
The Court of International Trade in an opinion made public April 16 sent back the Commerce Department's use of adverse facts available against exporter Garg Tube Exports in the 2018-19 review of the antidumping duty order on welded carbon steel standard pipes and tubes from India.
Israel's Supreme Court earlier this month overturned a lower court decision that ordered Mizrahi Tefahot Bank to transfer a donation Russian oligarch Roman Abramovich sought to make to Israeli humanitarian group ZAKA Search and Rescue, according to Israeli newspaper Globes. The bank refused to process the transaction, which totaled over $213,000, due to the risk of EU and U.K. sanctions being levied against the bank for circumvention of sanctions on Abramovich.
The U.S. last week transferred thousands of weapons and rounds of ammunition to the Ukrainian armed forces that were confiscated from unflagged vessels en route to Yemen from Iran as part of a civil forfeiture action, DOJ announced on April 9. The shipment included "over 5,000 AK-47s, machine guns, sniper rifles, and RPG-7s, and over 500,000 rounds of 7.62mm ammunition."
Chinese exporter Jilin Forest Industry Jinqiao Flooring Group Co. urged the U.S. Court of Appeals for the Federal Circuit to "re-visit and question" the Commerce Department's basis for its non-market economy policy in antidumping duty proceedings. The exporter noted that the policy "has reigned for over twenty years without serious legal challenge," arguing that the appellate court has never directly reckoned with the policy's legality and that it's "high time" for such a review (Jilin Forest Industry Jinqiao Flooring Group Co. v. United States, Fed. Cir. # 23-2245).
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. told the U.S. Court of Appeals for the Federal Circuit on April 5 that the Commerce Department properly countervailed the Port of Incheon program in South Korea. Filing a response to respondent Hyundai Steel Co., the government said that key Federal Circuit precedent -- AK Steel Corp. v. U.S. -- controls in this instance in that the agency wasn't required to consider Hyundai's construction costs in building the port (Hyundai Steel Co. v. U.S., Fed. Cir. # 24-1100).