California-based electronic design automation firm Cadence will pay more than $140 million in combined civil fines, criminal penalties and forfeitures after the U.S. said it violated export controls against China. The company pleaded guilty to illegally exporting EDA hardware, software and semiconductor design intellectual property technology to Chinese entities, including a university and 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:
The U.S. Court of Appeals for the Federal Circuit on July 28 sustained the Commerce Department's non-market economy policy in antidumping duty proceedings despite the fact that the agency hadn't codified the policy in its regulations at the time the underlying review was challenged. Judges Todd Hughes, William Bryson and Leonard Stark said the Federal Circuit has a long line of cases upholding the policy and that, even if those cases didn't exist, Commerce didn't need to engage in notice-and-comment rulemaking to implement the policy.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. Court of Appeals for the Federal Circuit on July 28 upheld the validity of the Commerce Department's non-market economy policy in antidumping proceedings despite the fact that Commerce had not codified the policy in its regulations at the time the policy was challenged. Judges Todd Hughes, William Bryson and Leonard Stark said there's a long line of CAFC cases finding that Commerce can lawfully assign an NME-wide AD rate to a cooperative mandatory respondent that has failed to rebut the presumption of foreign state control. In addition, the judges said even if these cases didn't exist, the policy didn't require notice-and-comment rulemaking, since the validity of an "evidentiary presumption turns on its rationality." The judges then held that there's "a sound and rational connection between a finding that a country is an NME country and the inference that exporters in that country are subject to government control."
Aluminum printing plate exporter Fujifilm Corp. said July 22 that the International Trade Commission had found its products caused domestic injury only by “finding that Fujifilm harmed itself” (Fujifilm North America Corp. v. U.S., CIT # 24-00251).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Customs Rulings Online Search System (CROSS) was updated on July 22 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):
The U.S. government's "newfound" theory of jurisdiction in two importers' case against the legality of tariffs imposed under the International Emergency Economic Powers Act is "both convoluted and wrong," the importers, Learning Resources and Hand2Mind, argued in a reply brief at the U.S. Court of Appeals for the D.C. Circuit (Learning Resources v. Donald J. Trump, D.C. Cir. # 25-5202).
In a July 21 complaint at the Court of International Trade, domestic antidumping duty petitioners CC Metals and Alloys and Ferroglobe USA, Inc. alleged a Malaysian ferrosilicon investigation’s mandatory respondent should have been hit with an adverse facts available rate. The respondent, meanwhile, challenged the AFA rate it did receive in the Commerce Department’s countervailing duty investigation determination in its own complaint (CC Metals and Alloys v. United States, CIT # 25-00131).