Rulings, remedies and court proceedings for customs and trade professionals

Biography for Jacob Kopnick

Jacob Kopnick, Associate Editor, is a reporter for Trade Law Daily and its sister publications Export Compliance Daily and International Trade Today. He joined the Warren Communications News team in early 2021 covering a wide range of topics including trade-related court cases and export issues in Europe and Asia. Jacob's background is in trade policy, having spent time with both CSIS and USTR researching international trade and its complexities. Jacob is a graduate of the University of Michigan with a B.A. in Public Policy.

Recent Articles by Jacob Kopnick

Trade Court Says Importer Can't Prove Date of Discovery of Customs Fraud

The Court of International Trade in an Aug. 4 order denied defendant Greenlight Organic and Parambir Singh Aulakh's motion for summary judgment over the date that the U.S. discovered customs fraud for the purpose of finding whether the statute of limitations had run out. Judge Jennifer Choe-Groves ruled that the undisputed facts don't back any of three dates floated by the defendants as the date that the U.S. first received evidence of Greenlight's double invoicing scheme. In the scheme, Greenlight is accused of fraudulently misclassifying its Vietnam-origin knit garments.Read More >>

Turkish Exporter Makes Case at CAFC Against Deduction of Section 232 Duties

The Commerce Department cannot deduct Section 232 national security duties from antidumping duty respondent Borusan Mannesman's U.S. price because the duties are remedial, temporary and deducting them would count as a double remedy, making them unlike normal customs duties, the respondent argued. Filing a reply brief Aug. 4 at the U.S. Court of Appeals for the Federal Circuit, the respondent said Commerce failed to conduct a "fulsome analysis" of whether the Section 232 duties are more like normal customs duties or to special duties, like Section 201 safeguards, and instead "confined its analysis" to finding distinctions between Section 232 and Section 201 duties. The agency also failed to acknowledge the "legal and constitutional distinction between regular duties imposed by Congress" and special duties imposed by the president (Borusan Mannesmann Boru Sanayi ve Ticaret A.S. v. U.S., Fed. Cir. #21-2097).Read More >>

Surety Co. Says It Can't Prove Prejudice Over Delayed Action Seeking Late Collected AD Duties

The U.S.'s "unreasonable delay" in asserting claims seeking to collect antiduming duties on entries of canned mushrooms brought in between 2000 and 2001 warrants dismissal of its case at the Court of International Trade seeking the duties, surety company American Home Assurance Co. (AHAC) argued in an Aug. 1 reply brief. Responding to the court's request for more briefing over AHAC's affirmative defense and claims of prejudice, the surety company said that it has not been able to actually provide significant evidence of actual harm "despite best efforts," but that the case should be decided on statute of limitations grounds (United States v. American Home Assurance Company, CIT #20-00175).Read More >>

US Pushes for Oral Argument Over Reconsideration Bid in Case Nixing Jones Act Penalties

The U.S., in a July 28 brief at the U.S. District Court for the District of Alaska, argued oral argument is needed in a case over alleged Jones Act penalties committed by shipping companies Kloosterboer International Forwarding and Alaska Reefer Management. The U.S. pushed back against KIF and ARM's opposition to oral argument, arguing that the meeting is needed to "fully vet the complex issues in this case" and fully inform the court about the record (Kloosterboer International Forwarding v. United States, D. Alaska #3:21-00198).Read More >>

CAFC Says Commerce Properly Deducted Tradeable Tax Credits From Export Price in AD Case

The U.S. Court of Appeals for the Federal Circuit in an Aug. 8 opinion held that tradeable tax credits fall within the regulatory definition of a "price adjustment," meaning the Commerce Department properly deducted the credits from respondent LDC Argentina's export price. Judges Kimberly Moore, Richard Taranto and Todd Hughes also ruled that Commerce's use of an international market price for soybeans in its constructed value calculation for biodiesel does not count as a double remedy, even though the U.S. imposed countervailing duties on Argentine soybeans.Read More >>