The statutory basis for the U.S. trade representative's lists 3 and 4A tariffs -- Section 307 of the Trade Act of 1930 -- only allows for a "modification" of existing duties and not a "radical and unprecedented seven-fold escalation launching an unbounded trade war with China," appellants in the massive lawsuit challenging the Section 301 tariffs on China told the U.S. Court of Appeals for the Federal Circuit on Feb. 12 (HMTX Industries v. United States, Fed. Cir. # 23-1891).
The U.S. District Court for the District of Columbia on Feb. 12 dismissed a host of claims from U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman against three of her colleagues for their investigation on Newman's fitness to continue serving on the court. Judge Christopher Cooper also rejected Newman's bid for an injunction against the CAFC Judicial Council's one-year ban on Newman hearing new cases at the court (see 2309200024) (Hon. Pauline Newman v. Hon. Kimbelry Moore, D.D.C. # 23-01334).
DOJ this week completed the forfeiture of a U.S.-origin Boeing 747 after a monthslong effort to seize the plane from Mahan Air, a sanctioned Iranian airline.
A Missouri-based defense contractor illegally sent export-controlled military technology data overseas to produce items for his contracts with the Defense Department, DOJ announced last week.
CBP found substantial evidence that Exquis, Lollicup USA and Sanster evaded antidumping and countervailing duty orders covering thermal paper, the agency said. It found that all three importers evaded the orders on thermal paper from China and found that Exquis also evaded the AD order on thermal paper from South Korea, CBP said.
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 Feb. 7-8 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):
The Court of International Trade on Feb. 8, in a case brought by domestic petitioners, sustained the Commerce Department’s finding that a Chinese wood flooring exporter that had refused to participate as a 2018-2019 antidumping duty review’s mandatory respondent was still eligible for separate rate status. But the court's decision to allow Commerce to use adverse facts available against the exporter meant the review’s non-individually investigated separate rate respondents saw their rates jump from zero percent to 42.57%.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Importer Vanguard National Trailer Corp. challenged CBP's finding that the company evaded the antidumping and countervailing duty orders on Chinese truck wheels, filing a complaint on Feb. 6 at the Court of International Trade. The importer said CBP improperly assessed AD/CVD on its entries from before May 12, 2021 -- the date on which the Commerce Department started a scope inquiry on whether Vanguard's truck wheels, imported from Thai manufacturer Asia Wheel, were covered by the AD/CVD orders (Vanguard National Trailer Corp. v. United States, CIT # 24-00034).