DOJ likely will continue expanding its cooperation with foreign governments in investigating and prosecuting Foreign Corrupt Practices Act violations, Miller & Chevalier lawyer John Davis said in an interview. After a year that saw DOJ cooperate with South Africa and Colombia for the first time, Davis said, the agency will seek to work with more Latin American and European nations on FCPA enforcement.
The Court of International Trade on Jan. 29 granted in part and denied in part the U.S. bid to sanction a wristwatch exporter for late supplemental discovery materials. Judge Jane Restani said the exporter hadn't made a “sufficiently diligent” search for some of the materials, though she also said she was “mystified” by both parties’ actions involving others.
An exporter Jan. 26 asked the Court of International Trade to review the Commerce Department’s rejection of a scope ruling application that the agency said was duplicative (Deer Park Glycine, LLC v. U.S., CIT # 24-00016).
Chinese printer cartridge exporter Ninestar Corp. argued that it didn't need to exhaust its administrative remedies regarding its listing on the Uyghur Forced Labor Prevention Act Entity List before seeking judicial review because the case arises under the Administrative Procedure Act. As a result, exhaustion is required only when an agency rule requires appeal before review, Ninestar said (Ninestar Corp. v. U.S., CIT # 23-00182).
Libertarian think tank Cato Institute asked the U.S. Court of Appeals for the Federal Circuit for leave to file an amicus brief in support of a group of solar panel exporters' bid to have the court revisit its ruling sustaining President Donald Trump's revocation of a tariff exclusion on bifacial solar panels (Solar Energy Industries Association v. United States, Fed. Cir. # 22-1392).
The Court of International Trade on Jan. 25 said importer Fraserview Remanufacturing Inc. didn't need a protest to file suit at the trade court for its entries that were erroneously deemed liquidated while liquidation was suspended. Judge Timothy Reif said that because the statute for deemed liquidation requires the that entries not be suspended, CBP's notices of deemed liquidation didn't operate to actually liquidate the entries.
CBP, on remand at the Court of International Trade, reversed its finding that importers Norca Industries Co. and International Piping & Procurment Group's imported carbon steel butt-weld pipe fittings evaded the antidumping duty order on the pipe fittings from China (Norca Industrial v. United States, CIT # 21-00192).
The U.S. said Jan. 24 at the Court of International Trade that it was seeking more than $193 million in unpaid antidumping duties from German company Koehler Oberkirch, formerly known as Papierfabrik August Koehler (U.S. v. Koehler Oberkirch GmbH, CIT # 24-00014).
Logistics provider Your Special Delivery Services Specialty Logistics (YSDS) doesn't meet the criteria to act as the importer of record on a shipment, CBP said in a recent ruling. While the company would have a lien on shipments that it could exercise in the event of nonpayment, that doesn't qualify as enough of a financial interest in the shipment to give it the right to make entry, the agency said.
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