Responding to U.S. opposition to its summary judgment motion, importer Mitsubishi Power Americas said Jan. 17 that the government “proffered nothing to dispute” expert testimony that shows its products are neither filters nor purifiers and misunderstood the way they actually work (Mitsubishi Power Americas v. U.S., CIT #21-00573).
A Miami real estate broker pleaded guilty to scheming to violate U.S. sanctions by helping sanctioned Russian oligarchs Viktor Perevalov and Valeri Abramov rent, sell and transfer ownership of their South Florida condominiums, DOJ announced. The Office of Foreign Assets Control fined the broker, Roman Sinyavsky, and his firm, Family International Realty, over $1 million for the sanctions evasion (see 2501160051).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Leaning on Loper Bright, Chinese solar cell exporter Yingli Energy pushed back against the Commerce Department’s usual presumption that exporters in nonmarket economies are under governmental control (Yingli Energy (China) Co. v. United States, CIT # 24-00131).
The Court of International Trade on Jan. 17 upheld the Commerce Department's decision on remand to not countervail three debt-to-equity infusions to exporter KG Dongbu Steel Co. in the 2019 countervailing duty review on corrosion-resistant steel products from South Korea. Judge Jennifer Choe-Groves held that the evidence doesn't directly support a finding that the SouthKorean government pressured non-governmental institutions to take part in debt restructuring.
Responding to a second remand order by the Court of International Trade, the Commerce Department again chose to calculate review respondent Officine Technosider’s costs quarterly, rather than annually. It said its decision made sense despite the “unique situation” in which Commerce had access to only one quarter of Officine’s U.S. sales data (Officine Tecnosider SRL v. U.S., CIT Consol. # 23-00001).
The U.S. Court of Appeals for the Federal Circuit on Jan. 16 denied exporter Koehler Oberkirch's petition for writ of mandamus, which sought to have the appellate court review the Court of International Trade's decision that the government could effect service on the company via its U.S. counsel. Judges Timothy Dyk, Tiffany Cunningham and Leonard Stark said Koehler failed to meet the "demanding standard" for granting mandamus relief (In Re Koehler Oberkirch, Fed. Cir. # 25-106).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department reasonably used exporter Kaptan Demir Celik Endustrisi's invoice date as the date of sale in the 2021-22 review of the antidumping duty order on steel concrete rebar from Turkey, the Court of International Trade held on Jan. 15. Judge Jane Restani also upheld Commerce's differences-in-merchandise adjustment, finding that the adjustment wasn't distoritive in the way that it controlled for inflation.
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