An Italian tire company had not adequately proven it wasn't controlled by the Chinese government, especially as substantial evidence existed to the contrary, the U.S. said Jan. 5 in response to the exporter’s appeal to the U.S. Court of Appeals for the Federal Circuit (Pirelli Tyre v. U.S., Fed. Cir. # 23-2266).
The Commerce Department swapped its use of partial adverse facts available for partial neutral facts available for antidumping duty respondent Shanghai Tainai Bearing Co. after admitting that it isn't able to determine whether Tainai has "sufficient control over its suppliers to induce their cooperation" (Shanghai Tainai Bearing Co. v. United States, CIT # 22-00038).
Businesses and industry lawyers should expect to see an increase in Foreign Corrupt Practices Act enforcement this year, especially as DOJ more frequently uses data analytics to find possible violations, said Dan Kahn, the former chief of DOJ’s FCPA unit.
The U.S. fined German software company SAP SE more than $200 million for violating the Foreign Corrupt Practices Act, saying it bribed government officials in South Africa, Malawi, Kenya, Tanzania, Ghana, Indonesia and Azerbaijan to secure business contracts. The company agreed to a nearly $100 million settlement with the SEC and faces a $118.8 million criminal penalty, along with a forfeiture, as part of a deferred prosecution agreement with DOJ.
The U.S. defended its right not to turn over parts of the administrative record in a case on the decision to add exporter Ninestar Corp. to the Uyghur Forced Labor Prevention Act Entity List, saying that the record is protected by the "informer's privilege" or is "law-enforcement sensitive" (Ninestar Corp. v. U.S., CIT # 23-00182).
Tire exporters Guizhou Tyre Co. and Aeolus Tyre Co. asked for 6,000 more words for their opening brief after the U.S. Court of Appeals for the Federal Circuit rejected their bid to submit two separate briefs. The companies noted that they received the government's consent and there's "good cause" to expand the word count (Guizhou Tyre Co. v. United States, Fed. Cir. # 23-2163).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Tire Exporter's Challenge to Presumption of NME State Control Sunk by CAFC Case Law, Petitioner Says
The Commerce Department has not established an "irrebuttable presumption" of state control for exporters in nonmarket economies, antidumping duty petitioner the United Steelworkers labor union argued in a Jan. 5 reply brief at the U.S. Court of Appeals for the Federal Circuit (Pirelli Tyre Co. v. United States, Fed. Cir. # 23-2266).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Customs Rulings Online Search System (CROSS) was updated Dec. 20-22 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):