Ken Wainstein, a former U.S. national security prosecutor and intelligence official, has joined Mayer Brown as a lawyer advising on export controls, sanctions, foreign direct investment and other national security enforcement issues. Wainstein was most recently the DHS undersecretary for intelligence and analysis.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The Commerce Department erred in picking just one mandatory respondent in the 2017 review of the countervailing duty order on multilayered wood flooring from China, the Court of International Trade held in a decision made public on April 1. In a monster 117-page decision, Judge Timothy Reif remanded parts of the review, including the agency's decision on remand to stick with just one mandatory respondent.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
Importer Southern Motion told the Court of International Trade that its electric DC motors were made in Vietnam and thus should have received a country of origin determination of Vietnam and not China. Filing a complaint at the trade court on March 31, Southern Motion said its products were improperly assessed Section 301 duties as a result of the COO decision (Southern Motion v. United States, CIT # 25-00033).
Petitioner Catfish Farmers of America said again March 14 that a new Vietnamese frozen fish fillet exporter’s single U.S. sale wasn’t bona fide. The government’s arguments to the contrary (see 2502130061) contradicted its own past practice and were post hoc justifications, it said (Catfish Farmers of America v. United States, CIT # 24-00126).
The U.S. and petitioner Catfish Farmers of America each filed responses to remands in two cases dealing, respectively, with the 2018-19 and 2019-20 administrative reviews of the antidumping duty orders on frozen fish fillets from Vietnam (Catfish Farmers of America v. United States, CIT # 21-00380; 22-00125).
The Court of International Trade on March 21 sustained the Commerce Department's decision not to investigate the provision of off-peak electricity for less than adequate remuneration in South Korea after three remands before the trade court. Judge Mark Barnett said Commerce reasonably laid out the evidence petitioner Nucor Corp. should have provided to "justify a new subsidy investigation of this subset of the broader electricity pricing scheme."
The U.S. defended its use of its quarterly cost methodology in calculating exporter Officine Tecnosider's antidumping duty rate in the 2020-21 administrative review of the AD order on steel plate from Italy, arguing that petitioner Nucor Corp.'s claims to the contrary fail to show that it's the "one and only" reasonable outcome. Submitting a brief on March 19 in defense of its remand results, Commerce said it wasn't free to ignore evidence of a link between the respondent's costs and sales prices during the review period (Officine Tecnosider v. United States, CIT # 23-00001).
The Court of International Trade on March 21 sustained the Commerce Department's third remand results in the 2018 review of the countervailing duty order on carbon and alloy steel cut-to-length plate from South Korea. The agency had again refused to investigate the provision of off-peak electricity for less than adequate remuneration. Judge Mark Barnett said Commerce reasonably laid out the evidence that petitioner Nucor Corp. should have provided to "justify a new subsidy investigation of this subset of the broader electricity pricing scheme."