The Commerce Department unlawfully declined to assign exporter Yantai Zhongzhen Trading Co. a separate antidumping rate in the AD investigation on pea protein from China, the company argued in a complaint at the Court of International Trade on Oct. 25. Zhongzhen targeted Commerce's decision to root its finding in the fact that one if its corporate officials is a member of a local People's Congress and another is a member of the Chinese People's Political Consultative Conference of Zhaoyuan City (CPPCC) (Yantai Oriental Protein Tech Co. v. United States, CIT # 24-00181).
In oral argument, a Chinese aluminum foil exporter and the government discussed Commerce’s procedure for selecting world benchmark prices for an input and for land purchases (Jiangsu Zhongji Lamination Materials Co. v. U.S., CIT # 21-00133).
The Commerce Department has the authority to countervail currency undervaluation, the Court of International Trade held in a decision made public Oct. 25. Judge Timothy Reif found that nothing in the text of the countervailing duty statute, the statute's legislative history or legislative or administrative developments prohibit Commerce from imposing CVD due to a country's undervalued currency.
Brian Assi, a Middle East-based salesman of a heavy machinery manufacturer, was convicted last week of violating sanctions against Iran after he tried to export U.S.-made drills to Iran without licenses from the Office of Foreign Assets Control.
Florida resident Yuksel Senbol was sentenced on Oct. 24 to 15 months in prison for violating the Export Control Reform Act and Arms Export Control Act, among other things, DOJ announced. Senbol, who pleaded guilty in May (see 2405080060), "knowingly facilitated the illegal export" of export-controlled drawings of key U.S. military technology and helped her co-conspirators fraudulently procure contracts to supply the Defense Department with "critical military components," DOJ said. She also agreed to forfeit $275,430.90.
Exporter The Ancientree Co. failed to timely raise a ministerial error allegation regarding an adjustment to its U.S. price in an antidumping duty review, the Court of International Trade held on Oct. 24. Judge Mark Barnett said that the Commerce Department's regulations required Ancientree to identify any ministerial errors present in the preliminary results and make all relevant arguments about them in its administrative case brief -- something the company failed to do.
The EU General Court on Oct. 23 annuled the sanctions listing of Vladimir Gheorghe Plahotniuc a former member of Moldova's Parliament, who was listed for allegedly committing bank fraud and bribing the former president of Moldova in exchange for political favors.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Turkish state-owned bank Halkbank is not shielded from "common-law foreign sovereign immunity" in the U.S. government's suit against the bank for sanctions evasion, the U.S. Court of Appeals for the 2nd Circuit said earlier this week, ruling that the U.S. may prosecute it on charges that it helped Iran evade U.S. sanctions (United States v. Turkiye Halk Bankasi, 2nd Cir. # 20-3499).
If a reelected President Donald Trump uses the existing Section 301 tariffs program to hike tariffs on all Chinese goods by at least 60%, that's likely to survive a court challenge, said two law professors who spoke during a Washington International Trade Association webinar on the executive branch's ability to make deals and impose trade restrictions without congressional say-so.