Japanese exporter Nagase & Co.'s antidumping duty case is an "excellent candidate for resolution via mediation," it told the Court of International Trade in a March 4 motion. Nagase's challenges the Commerce Department's calculation of its cost of production and an alleged error in the assessment rate in Commerce's liquidation instructions to CBP under the court's "residual" jurisdiction (Nagase & Co. v. United States, CIT #21-00574).

The Court of International Trade erred when it found that importer Strategic Import Supply's protests were untimely filed, the tire importer said in its March 4 opening argument at the U.S. Court of Appeals for the Federal Circuit. In fact, SIS should not have had to file the protest in the first place, since the U.S. should have provided the necessary refunds for overpaid countervailing duties without any other filings from SIS, the company said. The result of the trade court's ruling is a practice both "nonsensical" and unsupported by the statute's language (Acquisition 362, LLC dba Strategic Import Supply v. United States, Fed. Cir. #22-1161).

The Court of International Trade failed to consider all the relevant statutory language, legislative history and facts when it ruled in three recent opinions that Section 232 steel and aluminum tariffs can be deducted from a respondent's U.S. price in antidumping duty calculations, Nippon Steel told the trade court in a motion for judgment Feb. 25. Nippon argued the tariffs should be considered remedial, not ordinary customs duties eligible for deductions (Nippon Steel Corporation v. U.S., CIT #21-00533).

The U.S. charged American citizen John "Jack" Hanick with violating U.S. sanctions on Russia related to Russians promoting separatism in Crimea in 2014 via his work for sanctioned Russian oligarch Konstantin Malofeyev, the U.S. Attorney's Office for the Southern District of New York said. Hanick was arrested on Feb. 3 in London and faces a maximum of 20 years in prison for the sanctions charge and five years in prison for a false statements charge. The criminal indictment is the first stemming from the 2014 Russia sanctions regime.

A recent Court of International Trade opinion left prior court precedent on the question of what constitutes a substantial transformation "dead, or on life support," an analysis from Neville Peterson said. The result is that importers who have been told by CBP that the country of origin of their goods is the country of origin of the goods' major inputs or essential components will likely seek reconsideration of those rulings, seeking refunds on Section 301 China tariffs in particular, the firm said.

The Department of Justice announced March 2 that it is setting up an interagency task force to enforce the deluge of sanctions imposed by the U.S. against Russia following its assault on Ukraine. Called Task Force KleptoCapture, it will be run by the Office of the Deputy Attorney General.

A Feb. 24 Court of International Trade decision could result in "inching toward a saner and more legally sound approach to origin determinations" involving the substantial transformation test, customs lawyer Larry Friedman of Barnes Richardson said in a blog post Feb. 24. The language in the decision is "generally favorable for a simplified and more reasonable approach to origin," after years of focus on pre-determined end use of assembled components following the trade court's unappealed 2016 decision in Energizer.

CBP ignored the Court of International Trade's ruling that it needs some finding of culpability before determining that importer Diamond Tools Technology evaded the antidumping and countervailing duty orders on diamond sawblades from China, DTT said in a Feb. 28 brief. Instead, CBP just ignored the court's definitions of the terms "false" and "omission" and illogically claimed that the customs penalty law's establishment of specific degrees of culpability negates the Enforce and Protect Act's culpability requirement, DTT argued (Diamond Tools Technology v. United States, CIT #20-00060).

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An investigation by CBP into alleged evasion of countervailing duties and antidumping duties on wooden cabinets from China has found substantial evidence of evasion by two importers. In a final EAPA determination, CBP found that importers, Splendid Trading and Superior Granite and Marble, engaged in a scheme to transship Chinese wooden cabinets through Malaysia, announcing that it will continue to suspend liquidation and require cash deposits on entries from the two importers.