The U.S. Supreme Court on Oct. 30 denied a petition for writ of certiorari regarding one question on Nebraska man Byungmin Chae's customs broker license exam. Chae took the test in April 2018 and subsequently took the result through multiple levels of administrative and judicial appeal before seeking Supreme Court review. He will remain one correct answer shy of the 75% threshold needed to pass the exam (Byungmin Chae v. Janet Yellen, U.S. Sup. Ct. # 23-200).
The U.S. Supreme Court denied importer PrimeSource Building Products' petition for writ of certiorari in a case on President Donald Trump's expansion of Section 232 duties onto steel and aluminum "derivative" products. PrimeSource argued that the president's decision to extend the duties onto these goods was unlawful since it was made beyond procedural time limits laid out in the statute (PrimeSource Building Products v. U.S., U.S. Sup. Ct. # 23-69).
The Customs Rulings Online Search System (CROSS) was updated Oct. 26 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 EU General Court on Oct. 25 annulled the listing of the ex-wife of Alfa Group founder Mikhail Fridman, referred to only as "QF" in the opinion, according to an unofficial translation. Originally sanctioned in April 2022, QF was delisted five months later. The court annulled her original listing. QF claimed the European Council based its decision on evidence lacking probative value and erroneously assessed the facts.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
A horizontal lawnmower engine shouldn't have been included under the antidumping and countervailing duty orders on vertical shaft engines between 99cc and up to 225cc from China in a Commerce Department scope ruling because it was "clearly excluded" by the scope language, Zhejiang Amerisun Technology said in an Oct. 24 brief at the Court of International Trade (Zhejiang Amerisun Technology Co. v. U.S., CIT # 23-00011).
A finding of evasion against Skyview Cabinet USA was arbitrary and capricious because CBP failed to establish that the subject wooden cabinets and vanities were covered merchandise at the time they were made and because CBP failed to follow Enforce and Protect Act procedures when it applied adverse inferences, Skyview said in its Oct. 23 opening brief at the U.S. Court of Appeals for the Federal Circuit (Skyview Cabinet USA v. U.S., Masterbrand Cabinets Inc., Fed. Cir. # 23-2318).
The Court of International Trade in an Oct. 23 opinion denied importer PrimeSource Building Products' motion for a partial stay of enforcement of a judgment in its suit against President Donald Trump's expansion of Section 232 steel and aluminum duties onto "derivative" products while the decision is on appeal at the U.S. Supreme Court. Judges Jennifer Choe-Groves, M. Miller Baker and Timothy Stanceu said that PrimeSource "has not met its burden of demonstrating its entitlement to a different outcome than that reached by" the U.S. Court of Appeals for the Federal Circuit when that court denied a similar stay bid by the importer.
Noel Quintana and Kelsy Hernandez Quintana, a Florida couple, pleaded guilty on Oct. 19 to conspiring to skirt customs duties on their plywood imports, DOJ announced. Noel also pleaded guilty to one count each of smuggling and violating the Lacey Act, while Kelsey also pleaded guilty to two counts of violating the Lacey Act. In all, the Quintanas' scheme allowed them to evade around $42 million in duties, DOJ said.
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York: