The Commerce Department erred in picking Germany as the comparison market for determining antidumping duty respondent Prochamp's normal value in the AD investigation on mushrooms from the Netherlands, petitioner Giorgio Foods told the U.S. Court of Appeals for the Federal Circuit in its opening brief. Giorgio contested the four bases on which Commerce made its decision to use Germany as the comparison market, arguing that each isn't backed by substantial evidence (Giorgio Foods v. United States, Fed. Cir. # 25-2090).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
VFC Solutions, a sanctioned Cypriot investment firm, filed a lawsuit against the Office of Foreign Assets Control for denying its petition to be delisted from the Specially Designated National and Blocked Persons List (SDN List), arguing that the agency acted "arbitrarily and capriciously" by denying the petition based on "speculation and conjecture."
The Commerce Department unlawfully used "zeroing" in calculating respondent YDD Corporation's antidumping margin in the AD investigation on ferrosilicon from Kazakhstan, YDD argued in a Nov. 7 motion for summary judgment at the Court of International Trade. The respondent said Commerce has a "long-established practice of not using zeroing," yet the agency "departed from this practice" when calculating the company's AD rate "without providing any explanation for this change in practice" (YDD Corporation v. United States, CIT Consol. # 25-00100).
A federal jury this week convicted New York resident Ji Wang on charges of economic espionage and theft of trade secrets after the U.S. said he stole information about optical fibers for high-powered lasers and planned to use that information to start a business in China.
Various members of the trade bar speculated that the president's tariff authority under the International Emergency Economic Powers Act may face serious limits once the Supreme Court issues a decision in the lead cases on President Donald Trump's IEEPA tariffs. Following a Nov. 5 oral argument in which many of the justices appeared skeptical of Trump's sweeping use of the IEEPA to impose tariffs, many lawyers have said change may be coming in the world of trade.
The U.S. this week charged a Belorussian citizen with illegally exporting U.S. avionics and aircraft equipment to Russia, including for use by a company on the Entity List.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Two Trump appointees, along with the three liberal justices, had sharp questions for the Trump administration's advocate as the Supreme Court held a nearly three-hour hearing on the constitutionality of tariffs imposed around the world under the International Emergency Economic Powers Act.
The U.S. Court of Appeals for the Federal Circuit held oral argument on Nov. 4 in a pair of cases on the International Trade Commission's treatment of business proprietary information in injury proceedings. Judges Timothy Dyk, Richard Taranto and Raymond Chen pressed Courtney McNamara, counsel for the ITC, on the commission's policy of treating questionnaire submissions as confidential; on the Court of International Trade's separate authority to publicize information deemed confidential by the ITC; and on whether notice should be provided to the commission prior to the trade court's exercise of that authority (In Re United States, Fed. Cir. #s 24-1566, 25-127).