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).
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.
Additional security fencing will be installed around the National Courts Building, the seat of the U.S. Court of Appeals for the Federal Circuit, starting Oct. 28, the court announced. As a result, the courthouse can only be accessed on H Steet NW in Washington. The court said to "allow for additional time to pass through perimeter screening."
The Singaporean corporations that owned and operated the vessel that destroyed the Francis Scott Key Bridge in Baltimore will pay $101,980,000 to settle the government's civil claim against the companies for "costs borne in responding" to the bridge's collapse, DOJ announced on Oct. 24. The U.S. sought over $103 million under the Rivers and Harbors Act, Oil Pollution Act and general maritime law (see 2409190042). DOJ said the money will go to the U.S. Treasury and various federal agencies "directly affected" by the collision or involved in the response. The settlement doesn't include costs for reconstructing the bridge, since those efforts will be led by the State of Maryland (In the Matter of the Petition of Grace Ocean Private Limited, D. Md. # 24-00941).
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.
The following lawsuit was recently filed at the Court of International Trade:
The U.S. said it has a "better right than" Southwest Airlines does to Customs Passenger Processing Fees paid by individual passengers that cancel their tickets and never receive a refund or fail to use a travel credit. Filing a reply brief at the Court of International Trade on Oct. 24, the government argued that this specific situation "results in an unfair enrichment rather than the return of the customs inspection fee to the customer" (Southwest Airlines Co. v. United States, CIT # 22-00141).
The government's service of German exporter Koehler on its U.S. counsel in a customs penalty suit was "improper and insufficient," leaving the Court of International Trade without personal jurisdiction over the company, Koehler argued in an Oct. 24 motion to dismiss. The company added that even if service was sufficient, the court has no personal jurisdiction over the company anyway, since it's a German firm and the U.S. allegations don't relate to any activity by the company in the U.S. (United States v. Koehler Oberkirch GmbH, CIT # 24-00014).
The International Trade Commission legally found on remand that Russian seamless pipe imports are non-negligible, as part of its injury determination on the products, the Court of International Trade held on Oct. 25. Judge M. Miller Baker said that CBP made "reasonable estimates" of the amount of in-scope merchandise imported from other nations, as this would affect the negligibility calculation for Russian seamless pipe.
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.