The Court of International Trade in an opinion made public March 8 sent back the Commerce Department's model matching methodology in the antidumping duty investigation on superabsorbent polymers (SAP) from South Korea. Judge Thomas Aquilino said that the agency didn't justify the methodology with sufficient evidence and that it used unverified data from exporter LG Chem while also failing to address evidence from the AD petitioner that the methodology allowed for LG Chem to manipulate its AD margin.
The European General Court in a pair of decisions on March 6 rejected challenges to the EU's restrictions on wood and iron and steel products from Belarus. The court, in virtually identical opinions, rejected a trio of claims from Belarusian wood company AAT Mostovdrev and iron and steel company AAT Byelorussian Steel Works challenging the European Council's reasons for imposing the restrictions and infringement of the right to "effective judicial protection," alleged failure to observe the "principle of equal treatment," and imposition of measures disproportionately affecting the wood and iron and steel industries.
A federal grand jury indicted Chinese national Linwei Ding, also known as Leon Ding, for allegedly stealing trade secrets on artificial intelligence technology from Google, DOJ announced March 6. Ding, who was residing in California, purportedly transferred the trade secrets from "Google's network to his personal account while secretly affiliating himself with" Chinese companies in the AI industry.
Two U.S. residents tried to illegally export millions of dollars worth of automatic guns, grenade launchers, stinger missile systems, grenades, sniper rifles, ammunition and other export-controlled items to South Sudan, DOJ said in an indictment unsealed March 5. The agency said they were trying to buy the weapons to “arm opposition groups” looking to overturn the country’s government.
Preparations continue for a jury trial set for April 1 in a criminal arms smuggling case involving the constitutionality of "specially designed" provisions in U.S. export controls (U.S. v. Quadrant Magnetics, LLC, W.D. Ky. # 3:22-CR-88-DJH).
The Court of International Trade last week ordered a hearing in a countervailing duty injury case on whether any party violated the court's rules regarding the bracketing of confidential information, suggesting that Rule 11 sanctions were on the table.
Russian citizen and Hong Kong resident Maxim Marchenko recently pleaded guilty to money laundering and smuggling after DOJ said he helped illegally ship U.S. dual-use microelectronics with military applications to Russia. Maxim was charged in September as part of a scheme that used shell companies to illegally source export-controlled items from the U.S. by giving false information to American distributors (see 2309190063).
The U.S. told the U.S. Court of Appeals for the Federal Circuit in a Feb. 29 reply brief that exporter Guizhou Tyre offered a "confused rendition of" the Commerce Department's separate rate analysis, equating the presumption of foreign state control with the lower standard from the agency's "substantial evidence requirement." The government said that, contrary to Guizhou Tyre's claims, it's not Commerce's duty to affirmatively show an absence of Chinese state control (Guizhou Tyre Co. v. United States, Fed. Cir. # 23-2165).
An British court of appeals declined to hear one appeal, and found in favor of the government in another, in cases regarding U.K. sanctions on Russia following its invasion of Ukraine.
The U.S. Attorney's Office for the Southern District of New York last week charged Russian oligarch Andrey Kostin, along with Russian national Vadim Wolfson of Austin, Texas, and U.S. citizen Gannon Bond of Edgewater, New Jersey, with conspiracy to violate U.S. sanctions on Russia by providing "funds, goods, and services" to Kostin, a sanctioned party, it said in a news release. (U.S. v. Andrey Kostin, S.D.N.Y. # 24-00091).