The Court of International Trade stayed Koehler’s challenge of the 2008-09 antidumping administrative review of lightweight thermal paper from Germany (A-428-840) on the issue of zeroing, as well as other aspects of the final results, pending resolution of Union Steel v. U.S. In Union Steel, currently on appeal, CIT affirmed the International Trade Administration’s explanation for zeroing in administrative reviews but not investigations. The ITA provided a similar explanation in this case. The U.S. government opposed the stay, arguing that Koehler did not raise the issue during the administrative review and so failed to exhaust its administrative remedies. Shortly before the final results were issued, CAFC decided for the first time in Dongbuv. U.S not to affirm the ITA’s use of zeroing in administrative reviews. The ITA said the decision was merely a remand, not an actual change to the law, so it did not merit waiving the exhaustion requirement. But CIT said the fact that the law is now “unsettled” by the remand means it is waiving the exhaustion requirement and staying the case.

A California man was sentenced Dec. 10 to two and a half years in federal prison for importing counterfeit goods, including counterfeit exercise equipment purporting to be Malibu Pilates, Bowflex and Ab Circle Pro, reported Immigration and Customs Enforcement. Stanley Kuo Jua Yang was remanded into custody at the conclusion of Monday's sentencing hearing, ICE said.

Yen Ling Chen, a citizen of Taiwan, pleaded guilty Dec. 11 to violating the International Emergency Economic Powers Act by attempting to export weapons-grade carbon fiber from the U.S. to Taiwan, said the Department of Justice. Chen was arrested in the U.S. after attempting to negotiate a deal to acquire tons of the specialized fiber, which has applications in the defense and aerospace industries and subject to Bureau of Industry and Security controls, it said. Chen faces up to 20 years in prison.

HSBC Holdings will pay $375 million to settle potential liability on behalf of it and affiliates for apparent violations of the Iranian Transactions Regulations, the Burmese Sanctions Regulations, the Sudanese Sanctions Regulations, the Cuban Assets Control Regulations, and the Libyan Sanctions Regulations, the Treasury Department's Office of Foreign Assets Control said.

The Court of International Trade remanded, for the second time, the International Trade Administration’s determination that Advanced Technology & Minerals Co. (AT&M) was not state-controlled and was therefore eligible for a separate rate in the antidumping investigation of diamond sawblades and parts thereof from China (A-570-900). The ITA’s explanation from the first remand was inadequate, the court said, but CIT declined to otherwise express an opinion on the ITA’s determination.

The Court of International Trade approved amendments to its rules, originally proposed Oct. 3, after considering comments on the changes. Effective Jan. 1, 2013, CIT will make changes to Rules 3, 5, 56, 56.2, 65, 73.2, 75 and 81; USCIT Forms 5, 11, 14 (new) and 18A (new); USCIT Specific Instructions for Forms 11, 14 (new) and 18A (new); Administrative Order 02-01; Appendix on Access to Business Proprietary Information Pursuant to Rule 73.2(c); and Standard Chambers Procedures, including new Forms SCP 1, SCP 2, SCP 3 and SCP 4.

The Court of International Trade sustained the final results of the 2009-10 antidumping administrative review of certain orange juice from Brazil (A-351-840) in response to a challenge by Fischer and Citrosuco. Plaintiffs said the ITA improperly (1) included bunker fuel surcharges in Fischer’s surrogate freight rate; (2) used window period sales in calculating Fischer’s constructed value for certain months of the period of review; and (3) used zeroing to calculate Fischer’s dumping margin. CIT disagreed with plaintiffs arguments on the bunker fuel surcharge, and accepted the ITA’s explanation for zeroing. Also, Plaintiffs argument on the use of window period sales was only raised as a ministerial error, CIT said, and plaintiffs therefore did not exhaust its administrative remedies.

NJC International and its principal officer, Dwayne Hoard, must pay $23,305.20 in penalties on textile entries from 2004 that were allegedly of Chinese origin. CBP demanded payment of the penalties for gross negligence after finding the textiles would have been subject to quote had they not been falsely declared of Hong Kong origin. Hoard failed to respond to CBP’s motion for summary judgment, so the court found him to be in default. Relying only on CBP’s argument’s, the court then found for CBP. CIT also ordered Hoard and NJC to pay costs.

A Queens, N.Y., man was arrested Nov. 6 in connection with a scheme to illegally export defense articles and goods with military applications from the U.S. to Taiwan and China, said the Department of Justice. Mark Henry faces charges of conspiracy to violate the Arms Export Control Act, a violation of the Arms Export Control Act and the International Traffic in Arms Regulations, and an attempt to violate the International Emergency Economic Powers Act.

Standard Chartered Bank agreed to pay $132 million to settle its potential liability for apparent violations of U.S. sanctions, said the Treasury Department Office of Foreign Assets Control. The settlement announced Dec. 10 resolves OFAC’s investigation into the removal or omission by SCB’s London head office and Dubai branch of material references to U.S.-sanctioned locations or entities from payment messages sent to U.S. financial institutions.