The U.S. District Court for the Southern District of New York on Jan. 3 dismissed a False Claims Act suit against Amazon, which alleged that the online retail giant conspired with Chinese manufacturers to avoid paying fees and tariffs on fur products. Judge Edgardo Ramos held that importer Henig Furs, the company that brought the suit on behalf of the U.S., failed to adequately allege that Amazon knowingly violated the FCA or was engaged in a conspiracy to violate the statute (United States, ex rel. Mike Henig v. Amazon.com, S.D.N.Y. # 19-05673).
ASML, the major Dutch semiconductor tooling firm, is being accused of misleading investors about how its projected China sales and revenues were impacted by recently imposed export controls.
DOJ successfully seized two luxury Miami condominiums with ties to Viktor Perevalov, a Russian national who was sanctioned in 2018 after his construction company helped build a highway in the Russia-occupied Crimea region, the agency announced Jan. 7. Perevalov allegedly used a Miami real estate agent to lease the properties, which DOJ said are worth a combined $1.8 million (see 2402230084).
Canadian national Nikolay Goltsev was sentenced to 40 months in prison for his role in a scheme to ship electronic parts to sanctioned Russian companies (see 2407100008), DOJ announced this week. Attorney General Merrick Garland said DOJ is “sparing no effort to ensure that those who violate America’s export controls to feed Russia’s war machine answer for their crimes in American courtrooms.”
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
In a Jan. 8 complaint at the Court of International Trade, exporter Zhejiang Dingli Machinery challenged the results of the first administrative review of the antidumping duty order on Chinese-origin mobile access equipment (Zhejiang Dingli Machinery v. United States, CIT # 24-00221).
Joshua Levy, a DOJ attorney who oversaw multiple high-profile export control-related cases, will resign from the federal government Jan. 17, the agency announced this week. Levy most recently served as the U.S. attorney for the District of Massachusetts, leading an office that charged two men in December for shipping sensitive drone technology to Iran (see 2412170021) and that fined American defense firm RTX in October to resolve allegations that it tried to defraud the U.S. government and commit defense export control violations (see 2410160058).
The U.S. Jan. 6 supported the Commerce Department’s final results in an Indian off-road tires countervailing duty review against attacks from petitioner Titan Tire. A mandatory respondent didn’t receive the benefit of import duty exemptions from the Indian government, it said (Titan Tire Corporation v. U.S., CIT # 23-00233).
The U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo confirms that the U.S. Court of Appeals for the Federal Circuit must use its own judgment rather than defer to the Commerce Department in reviewing the agency's multifactor test for assessing independence from de facto Chinese government control of export functions, exporter Pirelli Tyre Co. argued (Pirelli Tyre Co. v. U.S., Fed. Cir. # 23-2266).
Antidumping petitioner Coalition of American Manufacturers of Mobile Access Equipment took to the Court of International Trade on Jan. 3 to challenge the Commerce Department's surrogate value picks in the 2022-23 review of the antidumping duty order on mobile access equipment from China. The petitioner filed a 12-count complaint to contest 12 different surrogate data picks (Coalition of American Manufacturers of Mobile Access Equipment v. United States, CIT # 24-00219).