CBP affirmed an August 2023 Enforce and Protect Act decision that thermal paper from Germany transshipped through Mexico was covered by the scope of, and evaded, an antidumping duty order, the agency said in a de novo administrative review on Dec. 22.
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 on Jan. 16 sent back CBP's finding that importer Columbia Aluminum Products' door thresholds evaded the antidumping and countervailing duty orders on aluminum extrusions from China. Judge Timothy Stanceu said CBP, in both the final evasion decision and an administrative review of the decision, committed "multiple errors, both of fact and of law." The judge said CBP didn't have evidence on its side in making the evasion finding, nor did it properly initiate the investigation.
CBP recently affirmed an Enforce and Protect Act determination that found Lionshead Specialty Tire & Wheel, TexTrail and Trailstar evaded antidumping and countervailing duties on trailer wheels from China by transshipping Chinese-origin subject merchandise through Thailand, CBP said in a de novo administrative review of an EAPA investigation.
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 on Jan. 16 rejected the Commerce Department's finding that importer Columbia Aluminum Products' door thresholds evaded the antidumping and countervailing duty orders on aluminum extrusions from China. Judge Timothy Stanceu said CBP's final evasion determination and administrative review of the final decision contained "multiple errors, both of fact and of law." For instance, CBP pointed to no evidence showing that Columbia received aluminum door thresholds from China, transshipped the thresholds from China through Vietnam or falsely declared the country of origin as Vietnam instead of China. Stanceu added that CBP erroneously relied on a 2019 anti-circumvention proceeding, which applies only to aluminum extrusions exported from Vietnam made from aluminum previously extruded in China.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The U.S. and antidumping duty petitioner Wind Tower Trade Coalition defended the Commerce Department's decision to weight average, or "smooth," respondent Marmen's steel plate costs in the AD investigation on utility scale wind towers from Canada (Marmen v. United States, Fed. Cir. # 23-1877).
Finished chassis imported by Pitts Enterprises that include Chinese-origin axles and landing gears are covered by antidumping and countervailing subsidy duties on chassis from China, the Commerce Department said in a Jan. 10 scope ruling.
The U.S. fined German software company SAP SE more than $200 million for violating the Foreign Corrupt Practices Act, saying it bribed government officials in South Africa, Malawi, Kenya, Tanzania, Ghana, Indonesia and Azerbaijan to secure business contracts. The company agreed to a nearly $100 million settlement with the SEC and faces a $118.8 million criminal penalty, along with a forfeiture, as part of a deferred prosecution agreement with DOJ.