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 misapplied the presumption of foreign state control by framing it as a burden on antidumping and countervailing duty respondents to "completely disprove potential government control," exporter Guizhou Tyre Co. argued in an April 18 reply brief at the U.S. Court of Appeals for the Federal Circuit (Guizhou Tyre Co. v. United States, Fed. Cir. # 23-2165).
EU Advocate General Laila Medina last week said that the "authentication by a notary of a contract of sale of immovable property owned by a legal person established in Russia" isn't covered by the EU's sanctions provisions on Russia, "as long as the engagement in transactions is allowed for that person under that regulation and the authentication is not supplemented by legal advice."
The Court of International Trade sent back the Commerce Department's finding that exporter East Sea Seafoods Joint Stock Co. qualified for a separate antidumping duty rate in the 2019-20 review of the AD order on catfish from Vietnam, remarking that the agency failed to "show its work." Judge M. Miller Baker additionally remanded Commerce's methodology for calculating exporter Green Farms' AD rate and selection of India over Indonesia as the primary surrogate nation for setting the rate for exporter NTSF Seafoods Joint Stock Company.
The Court of International Trade on April 19 remanded the International Trade Commission's affirmative injury finding on oil country tubular goods from Argentina, Mexico, Russia and South Korea. Judge Jennifer Choe-Groves said it was "unreasonable" for the ITC to view the conditions of competition over a 42-month review period without considering the effects of competition at the end of the period and on the day that it voted, particularly in light of the effect of U.S. sanctions on Russia, imposed over the last four months of the review period. The judge also cited as reasons for the remand the commission's failure to consider contrary evidence of the effects of sanctions on Russian OCTG and the ITC's inclusion of non-subject South Korean imports in its analysis. She upheld the commission's decision to cumulate imports from Argentina and Mexico with goods from Russia and South Korea.
Two officials of an Iraq-based weapons dealer -- Syrian national Mohamad Deiry and Lebanese national Samer Rayya -- were charged with conspiring to ship munitions from the U.S. to Sudan and Iraq without a license, DOJ announced. An indictment, unsealed April 15, alleged the pair violated the Arms Export Control Act and conspired to commit money laundering to advance the "illicit procurement activities."
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 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.