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 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):
Exporters led by Bioparques de Occidente agreed to voluntarily dismiss their appeal at the U.S. Court of Appeals for the Federal Circuit regarding an antidumping duty investigation on tomatoes from Mexico originally opened in 1996 but subject to a series of suspension agreements negotiated between the Commerce Department and the Mexican government. The case was previously stayed after the Court of International Trade settled a related lawsuit (Bioparques de Occidente v. United States, Fed. Cir. # 23-2109).
President Donald Trump's tariffs imposed under the International Emergency Economic Powers Act should be upheld as a valid exercise of Section 338, the Trump-aligned America First Policy Institute argued in a June 24 amicus brief af the U.S. Court of Appeals for the Federal Circuit. Claiming that an executive order can be upheld under a different statute than the statute originally claimed by the president, the institute said the IEEPA tariffs "fit Section 338 of the Tariff Act of 1930 like a glove" (V.O.S. Selections v. Donald J. Trump, Fed. Cir. # 25-1812).
The U.S. Court of Appeals for the 9th Circuit on June 23 upheld a jury's determination that importer Sigma Corp. is liable under the False Claims Act for lying about whether its imports were subject to antidumping duties. Judges Michelle Friedland and Mark Bennett said no errors of law were made against Sigma and that the federal district court, not the Court of International Trade, had jurisdiction in the case (Island Industries v. Sigma Corp., 9th Cir. # 22-55063).
A Spanish national living in the United Arab Emirates pleaded guilty on June 17 in the U.S. District Court for the District of Columbia to conspiring to illegally export U.S.-origin radio communications technology to Russian end users without a license, DOJ announced. Sentencing is set for Sept. 30.
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:
Opposing the Commerce Department’s continued determination on remand that "rough" carbon steel butt-weld pipe fittings from China that were processed into finished fittings in Vietnam weren't of Chinese origin (see 2505050031), domestic producers Tube Forgings of America and Mills Iron Works again argued that “rough” pipe fittings are the same as “unfinished” ones (Tube Forgings of America, Inc. v. U.S., CIT Consol. # 23-00231).
U.S. Solicitor General John Sauer urged the Supreme Court to reject two importers' bid to have the high court hear their case on whether the International Emergency Economic Powers Act provides for tariffs on an expedited basis. Sauer said the importers, Learning Resources and Hand2Mind, haven't justified "such a stark departure from established practice," which would see the Supreme Court take up the case prior to the U.S. Court of Appeal for the D.C. Circuit weighing in (Learning Resources v. Trump, Sup. Ct. # 24-1287).