The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Country of origin cases
The Commerce Department improperly found that exporter Balkrishna Industries didn't benefit from the Advanced Authorization Scheme in India as part of the 2022 review of the countervailing duty order on new pneumatic off-the-road tires from India, petitioner Titan Tire Corp. argued. Filing a complaint at the Court of International Trade on Dec. 20, Titan Tire said Commerce erred in accepting a "post hoc and incomplete examination" of the program performed by the Indian government (Titan Tire Corp. v. United States, CIT # 24-00207).
The Court of International Trade on Dec. 19 denied importer Lionshead Specialty Tire and Wheel's bid to amend a preliminary injunction in an antidumping duty and countervailing duty evasion case to not enjoin the liquidation of steel trailer wheels that the Commerce Department has found to fall outside the scope of the relevant AD/CVD orders. Judge Gary Katzmann held that Lionshead failed to "demonstrate changed circumstances that warrant the modification of the preliminary injunction."
The Court of International Trade on Dec. 20 sustained the Commerce Department's use of surrogate financial statements from Emirates Sleep Systems Private Limited in the antidumping duty investigation on mattresses from Vietnam, despite various objections from exporters led by Ashley Furniture Industries. Judge Timothy Reif said Commerce reasonably found the statements to be complete, publicly available and the best information available.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Court of International Trade in a pair of decisions sustained the Commerce Department's use of neutral facts available against respondent Shanghai Tainai Bearing Co. in the 33rd review of the antidumping duty order on tapered roller bearings from China and the agency's use of adverse facts available against the respondent in the AD order's 34th review. Judge Stephen Vaden said Commerce reasonably found in the 34th review that Tainai was aware of its unaffiliated suppliers' past non-cooperation but failed to work to the best of its ability to secure their cooperation.
The U.S. this week arrested a dual U.S.-Iranian national living in Massachusetts and an Iranian national, charging both with conspiring to ship "sophisticated electronic components" from the U.S. to Iran in violation of U.S. export controls and sanctions.
Canadian-German national Klaus Pflugbeil, a resident of China, was sentenced Dec. 16 to two years in prison for conspiring to steal and transmit a U.S.-based electric vehicle company's trade secrets, DOJ announced. Pflugbeil pleaded guilty in June, admitting to trying to use a U.S. company's trade secrets to set up his own business in China (see 2406140025). Pflugbeil was originally charged alongside his business partner, Yilong Shao, who remains at large.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: