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.
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 Jan. 3 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):
President Joe Biden renewed the nominations of Joseph Laroski and Lisa Wang to the Court of International Trade after the original nominations were returned to the president due to inaction in the full Senate. The Senate Judiciary Committee in September approved the nominations of Wang, assistant secretary of commerce for enforcement and compliance, and Laroski, partner at Schagrin Associates, with votes of 12-9 and 18-3, respectively (see 2309140054). When forwarded for Senate confirmation, no action was taken in 2023.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
An importer's entries are subject to Section 232 tariffs because the vessel arrival date transmitted in ACE by the ship's captain came after the tariffs took effect on June 1, 2018, despite the importer's claim -- backed by different documentation -- that the goods actually arrived in port and had a date of entry prior to that date, CBP said in a recent ruling.