DOJ's criminal division has identified trade fraud as a top priority, assigning its market integrity and major frauds unit to handle tariff evasion cases, a DOJ official confirmed to us. The official said that the major frauds unit is shifting resources to trade and looking to cases involving "long-running frauds, senior executives, and large volumes of alleged losses from unlawful tariff evasion schemes."
The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
CBP unlawfully excluded importer Maxeon Americas' solar module entries on the basis that the goods were made, in whole or in part, in Xinjiang or by a company on the Uyghur Forced Labor Prevention Act Entity List, Maxeon argued in a July 15 complaint at the Court of International Trade. The importer said the agency ignored "substantial and persuasive" evidence showing the company's Max6 model solar modules weren't made in Xinjiang or by a listed company, adding that the agency appears to be using an "unreasonably difficult standard" in reviewing whether goods are made in Xinjiang (Maxeon Americas v. United States, CIT # 25-00074).
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 between July 7 and July 14 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):
Petitioner Nucor Steel filed a July 11 complaint challenging the Commerce Department’s 2022 countervailing duty reviews on certain corrosion-resistant steel products from South Korea. It said again that Commerce should have countervailed three debt-to-equity swaps received by mandatory respondent KG Dongbu Steel in 2015 and 2016, an issue that previously arose in the 2019 administrative review (see 2504110057) (Nucor Corp. v. United States, CIT # 25-00107).
The Commerce Department published July 9 its remand results of its 2018 countervailing duty review of Chinese-origin multilayered wood flooring, reversing its use of adverse facts available for exporter Senmao after deciding Senmao’s customers didn’t use China’s Export Buyers Credit Program (Evolutions Flooring v. United States, CIT Consol. #21-00591).
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 upheld the Commerce Department's decision to rescind the 2019 reviews of the antidumping duty and countervailing duty orders on aluminum extrusions from China with regard to exporter Kingtom Aluminio following CBP's decision to reverse its finding that Kingtom evaded the orders.
CBP properly found that importers American Pacific Plywood, InterGlobal Forest and U.S. Global Forest evaded the antidumping duty and countervailing duty orders on plywood from China via Cambodian producer LB Wood, the Court of International Trade held on July 9. Judge M. Miller Baker sustained the evasion determination over a host of legal, procedural and factual claims made by InterGlobal.