A recent Court of International Trade decision is relevant to settle whether the Drug Enforcement Administration is vested with the authority to make admissibility decisions on imports, importer Unichem Enterprises told the trade court on Nov. 1. Filing a notice of supplemental authority, Unichem said the decision, Inspired Ventures v. U.S., also will help resolve whether CBP "usurps the Court's authority when it seizes merchandise for forfeiture that is within the Court's jurisdiction" (UniChem Enterprises v. United States, CIT # 24-00033).
The U.S. on Nov. 1 defended the Commerce Department's decision on remand to not grant exporter Gujarat Fluorochemicals a constructed export price offset in the antidumping duty investigation on granular polytetrafluorethylene resin from India. The government said Gujarat failed to provide a quantitative analysis that would justify the offset (Daikin America v. United States, CIT # 22-00122).
Christopher Skinner, former partner at Williams Mullen, has joined ArentFox as a partner in its international trade and investment practice, the firm announced. Skinner's practice will cover export controls and sanctions compliance as well as customs and import regulations.
The following lawsuit was recently filed at the Court of International Trade:
The U.S. agreed to pay importer Dis Vintage $34,591.27 in duty refunds and interest payments in a tariff classification spat on worn clothing. The parties filed a stipulated judgment with the Court of International Trade on Nov. 1, agreeing to classify the goods under the following five subheadings: 6104.63.20, dutiable at 28.2%; 6309.00.00, free of duty; 6203.20.20, dutiable at 19.7%; 6203.43.40, dutiable at 27.9%; and 6110.30.30, dutiable at 32% (Dis Vintage v. United States, CIT # 23-00033).
Importer IKKO International Trading on Oct. 29 asked the Court of International Trade for a six-month extension, until April 30, to remain on the case management calendar. The U.S. consented to the move, which comes in a tariff classification suit on sushi ginger. IKKO said the issue is being litigated in another CIT case, Wismettac Asian Foods v. U.S., adding that it's considering asking for a stay in the present action. IKKO said it has taken longer to finalize its approach than anticipated "due to the departure from the undersigned firm of the attorney who previously had primary responsibility for this litigation" (IKKO International Trading v. U.S., CIT # 22-00119).
The Commerce Department agreed to remove a prohibition on Red Sun Energy Long An Co. that had blocked the exporter from using the agency's exclusion certification process to enter its solar cells duty-free from Vietnam. The parties filed a stipulation for judgment with the Court of International Trade on Nov. 1, ending Red Sun's challenge to Commerce's anti-circumvention finding on solar cells from Cambodia, Malaysia, Thailand and Vietnam (Red Sun Energy Long An Co. v. United States, CIT # 23-00229).
The Commerce Department reasonably placed greater emphasis on research and development investment when it found that solar cells from Cambodia were circumventing the antidumping and countervailing duty orders on solar cells from China, the U.S. said. Filing a reply brief to the Court of International Trade on Oct. 29, the government argued that the agency "set forth uncontroverted record evidence to explain that R&D is particularly important to solar producers" and that these investments are key to "technological breakthroughs in the solar industry" (BYD (H.K.) Co. v. United States, CIT # 23-00221).
A jury found wholesale clothing importer C'est Toi Jeans and two of its executives guilty of avoiding over $8 million in customs duties on apparel entries, and laundering and failing to report over $17 million in proceeds from cash transactions, the U.S. Attorney's Office for the Central District of California announced. The two executives are Si Oh Rhew, president of the company, and his son, Lance Rhew.
Individual importer Timothy Brown filed a complaint on Oct. 31 at the Court of International Trade seeking nearly $20,000 in duty drawback related to the shipment of a Porsch 911 Turbo S luxury vehicle. Brown said he in 2017 imported the vehicle, which was classified under Harmonized Tariff Schedule subheading 8703.24.0190, dutiable at 2.5% (Timothy Brown v. United States, CIT # 20-03733).