Colorado-based Ellab Inc. and its Danish parent company, Ellab A/S, paid the U.S. over $700,000 to settle charges that it failed to pay customs duties on imports of thermal validation equipment, the U.S. Attorney's Office for the District of Colorado announced Dec. 1. The U.S. alleged Ellab failed to classify its imports and properly declare their value, neglecting to pay the full amount of the duties owed on the goods.
The U.S. and Enforce and Protect Act petitioner Texarkana Aluminum "failed to address the determinations challenged by" plaintiff AA Metals "in any meaningful way, often ignoring or misconstruing the issues" in the case and playing a "game of gotcha," AA Metals argued in a Dec. 1 reply brief at the Court of International Trade. In particular, the U.S. pushed "the same flawed analysis" from the Commerce Department's scope finding by arguing that certain [redacted] temper products are subject to the antidumping and countervailing duty orders on common alloy aluminum sheet from China (AA Metals v. United States, CIT #22-00051).
The U.S. Court of Appeals for the Federal Circuit in a Dec. 2 order, denied a petition from plaintiff-appellants ARP Materials and Harrison Steel Castings Co. for a panel rehearing and rehearing en banc in a case over whether a protest is needed to retroactively apply Section 301 duty exclusions (ARP Materials v. United States, Fed. Cir. #21-2176).
The Commerce Department improperly used adverse facts available on antidumping respondent Saha Thai Steel Pipe Public Co. since the agency failed to notify the respondent about the supposed deficiencies in its submissions, the Court of International Trade ruled in a Dec. 2 opinion. Saha Thai omitted sales of line pipe from its U.S. sales database, claiming that line pipe is not within the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand. Judge Stephen Vaden found that Commerce did not notify the respondent that its sales database was deficient, remanding the use of AFA. If Commerce continues to use AFA on remand, it must ensure that it complies with the notice requirement, the judge ruled.
If and when cannabis becomes legal to import into the U.S., there is a "high level of certainty" that a U.S. producer will complain about the fairness of the imports to the domestic industry, leading to antidumping and countervailing duty proceedings, said Adams Lee, international trade attorney at Harris Bricken, during a Dec. 1 webinar hosted by the law firm. Speaking about cannabis and international trade, Lee predicted that if imports of cannabis become legal, they will likely come from Canada -- a nation that has legalized recreational marijuana -- and diminish the market share of U.S.-made product.
The following lawsuits were recently filed at the Court of International Trade:
The U.S. is likely to see several more resolutions under the Foreign Corrupt Practices Act in the coming months, Acting Principal Deputy Assistant Attorney General Nicole Argentieri said at an annual FCPA conference this week. Argentieri made the remark after highlighting FCPA enforcement action taken in 2022. These moves included three corporate FCPA resolutions, involving Stericycle, Glencore and GOL Linhas Airlines, and one declination under the Corporate Enforcement Policy with disgorgement, involving Jardine Lloyd Thompson Group Holdings (JLT).
The Court of International Trade in a Dec. 1 opinion rejected the U.S.' motion to partially dismiss the alternative claims of jurisdiction in a case over the Commerce Department's assessment of antidumping duties. Judge Gary Katzmann said the question of the opinion was whether a party can dismiss an alternatively pleaded ground of jurisdiction. The judge said that since the U.S.'s motion "as styled is not the proper vehicle," the motion is denied.
A World Trade Organization dispute panel found that Indonesia's ban on the export of nickel ore violates global trade rules, circulating its decision on Nov. 30. Indonesia's president said the country will appeal the ruling, reported JakartaGlobe, an Indonesian news outlet.
Plaintiffs in a conflict-of-interest suit, led by Amsted Rail Co., plan to appeal the Court of International Trade's judgment dismissing the case for lack of jurisdiction regardless of the outcome of their injunction motion, the plaintiffs said in a Nov. 30 response to a court order. However, ARC said that it is "mindful" that developments in the present case against the International Trade Commission and its related action against the Commerce Department "may bear on whether an appeal should be voluntarily dismissed before or after the appeal is docketed" (Amsted Rail Co. v. United States International Trade Commission, CIT #22-00307).