In an opinion made public Aug. 19, Court of International Trade Judge Mark Barnett affirmed the Commerce Department's decision to reject a separate rate application submitted by solar cell exporter Yingli Energy (China). He observed that the exporter's majority shareholder was a Chinese government agency. He also upheld Commerce's rebuttable presumption that exporters in nonmarket economies are government-controlled (Yingli Energy (China) Company Limited v. United States, CIT # 24-00131).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Exporters Maquilacero and Tecnicas de Fluidos on Aug. 13 opened a five-count case against the 2022-23 administrative review of the antidumping duty order on light-walled rectangular pipe and tube from Mexico. The companies challenged the Commerce Department's findings that products made by Tecnicas from light-walled rectangular tubing are within the scope of the order and the agency's decision to collapse Maquilacero and Tecnicas (Maquilacero S.A. de C.V. v. United States, CIT # 25-00176).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP ruled an importer didn't provide enough documentation to qualify for first sale treatment, and that the middleman couldn't be considered a buying agent, either, because its relationship with the importer was a buyer/seller relationship.
Haitian gang leader Jimmy Cherizier and U.S. citizen Bazile Richardson have been charged with violations of U.S. sanctions on Haiti, DOJ announced. Cherizier and Richardson were charged with "leading a conspiracy to transfer funds" from the U.S. to Cherizier to "fund his gang activities in Haiti in violation" of U.S. sanctions, DOJ said.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade on Aug. 11 upheld the Commerce Department's 2021-22 administrative review of the antidumping duty order on crystalline silicon photovoltaic cells from China in a confidential decision. Judge Mark Barnett gave the parties until Aug. 18 to review the confidential information in the decision. In the case, exporter Yingli Energy argued that the trade court should strike down the Commerce Department's ordinary presumption that exporters in non-market economies are under foreign government control, urging the court to undertake a Loper Bright analysis of the AD statute (see 2506050001) (Yingli Energy (China) Co. v. U.S, CIT # 24-00131).
The Customs Rulings Online Search System (CROSS) was updated on Aug. 5-7 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):
An active-duty service member of the U.S. Army was charged with trying to send national defense information to a foreign adversary and trying to export controlled technical data, DOJ announced Aug. 6. Taylor Lee, stationed at Fort Bliss in El Paso, Texas, allegedly tried to send information on the M1A2 Abrams tank, an "armored fighting vehicle used by the U.S. military" and combat operations to the Russian military.