Three U.S. citizens and Quadrant Magnetics were charged with wire fraud, violating the Arms Export Control Act and smuggling goods relating to their participation in an illegal scheme to ship export-controlled defense-related technical data to China, DOJ announced. They also allegedly supplied DOD with Chinese-origin rare earth magnets for aviation systems and military items, DOJ said.
The Court of International Trade does not have jurisdiction under 19 U.S.C. Section 1581(i) -- the court's "residual" jurisdiction -- to hear a case over whether former counsel for Amsted Rail Co. should be barred from certain antidumping and countervailing proceedings, the U.S. told the court. Concurrently filing an opposition to ARC's motion for a preliminary injunction, which would bar ARC's former counsel, Daniel Pickard and law firm Buchanan Ingersoll, from participating in the proceedings, and a motion to dismiss, the U.S. said that the court does not have jurisdiction to hear the case and that the plaintiffs are not likely to succeed in the matter (Amsted Rail Co. v. United States, CIT #22-00316).
CBP announced that it has initiated and consolidated two Enforce and Protect Act investigations into whether Gorilla Paper, Inc. and Gorilla Supply (Gorilla) evaded antidumping duty on thermal paper from Germany and South Korea, according to a notice dated Nov. 3. The announcement followed evasion allegations by Paper Receipts Converting Association (PRCA) and the subsequent investigation began on July 29.
Plaintiffs in a conflict-of-interest suit at the Court of International Trade invoked three court decisions -- two from the U.S. Court of Appeals for the Federal Circuit and one from the U.S. Court of Appeals for the 9th Circuit -- in a Nov. 9 notice of supplemental authority. The plaintiffs, led by Amsted Rail Co., said the cases were discussed during the hearing on the issue held at the trade court (Amsted Rail v. ITC , CIT #22-00307).
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 Customs Rulings Online Search System (CROSS) was updated Nov. 4 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):
Spirulina Blue Colour is a "binder for foundry molds" for tariff purposes rather than a microorganism or animal product, according to an Aug. 26 CBP headquarters ruling, HQ H324168. The product at issue is Spirulina Blue, a water-soluble, coloring powder that ranges from light greenish blue to dark blue. Made in China, it's sold to food manufacturers for use in the beverage, confectionary, dairy, nutraceutical and pet food industries, according to Calico Food Ingredient. The product is said to “enhance immunity” and have “anti-inflammatory, anti-oxidant, and anti-cancer effects.” The powder originates with spirulina, a one-cell algae from which the blue color phycocyanin is extracted. The ingredients in the CA2786 Spirulina Blue Colour are composed of 50%-55% phycocyanin from China, 45%-50% trehalose from Japan, and 5% sodium citrate from China. The trehalose is meant to protect the protein and the sodium citrate is meant to adjust the PH and can protect the color.
Arguments from plaintiffs in the massive Section 301 litigation against the Office of the U.S. Trade Representative's remand submission at the Court of International Trade lack merit and reveal a "misunderstanding of judicial remands," the U.S. argued in a Nov. 4 brief defending the remand results. The plaintiffs said that USTR cannot take another look at the record to defend its tariff action under Section 301 from public comments and can only "parrot existing statements" on the record. The government said that this view is not compatible with a key Supreme Court precedent, and that under this interpretation, no agency would be able to stand by its decision in fixing a failure to respond to public comments (In Re Section 301 Cases, CIT #21-00052).
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: