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CIT Rules Against USTR's Bid to Withdraw Solar Panel Tariff Exclusion for Bifacial Panels
November 17, 2021 by Jacob Kopnick|Penalties and Courts

The Court of International Trade again struck down the Trump administration's withdrawal of an exclusion from the Section 201 solar safeguard measures for bifacial solar panels, in its second opinion rejecting Trump administration's elimination of the exclusion as many days. Judge Gary Katzmann found that the Office of the U.S. Trade Representative's exclusion withdrawal was an "arbitrary and capricious agency decision" and represented a move with no statutory authority. Just a day earlier, Katzmann ruled against a presidential proclamation attempting to withdraw the bifacial panel exclusion, which came as a direct response to the CIT's preliminary injunction in the case over the USTR's move.

Topics:U.S. International Trade Commission (ITC), Customs duty, Court of International Trade, CBP CROSS Rulings, Section 201 Safeguards
2 Congolese Nationals Indicted for Trafficking Ivory and Rhinoceros Horn
November 9, 2021 |Penalties and Courts

Herdade Lokua and Jospin Mujangi, both of the Democratic Republic of the Congo, were arrested and indicted for trafficking elephant ivory and white rhinoceros horn from the Congo to Seattle, the Department of Justice said. The pair allegedly worked with a middleman to bring in four packages that contained the ivory and rhinoceros horn. All four were sent via air freight, with three arriving in August and September 2020, and the remaining one in May 2021. Lokua and Mujangi also conspired to send large packages via ocean freight. The shipments in this scheme allegedly included elephant ivory, pangolin scales and rhinoceros horns. The pair cut the tusks and horn into smaller pieces that were painted black to avoid detection. The parts were mixed with ebony wood and declared as "wood" with values of $50-$60, DOJ said. The duo also allegedly paid bribes to local authorities in Kinshasa, the city where they live, to get the goods out of the Congo. Lokua and Mujangi now stand accused of conspiracy, money laundering, smuggling and Lacey Act violations, facing a maximum of 20 years in prison for the smuggling and money laundering charges and five years for the Lacey Act and conspiracy violations.

Topics:Lacey Act
EAPA Process Didn't Violate Due Process Rights, CIT Says While Still Remanding Evasion Finding
November 8, 2021 by Jacob Kopnick|Penalties and Courts

CBP did not violate importer Diamond Tools Technology's due process rights when it found that the company evaded antidumping duties on diamond sawblades from China, the Court of International Trade said in an Oct. 29 opinion, made public Nov. 5. However, Judge Timothy Reif did remand the case to CBP, finding that the actual finding of evasion was not supported as there was no "material and false statement" made by DTT. The judge also upheld CBP's authority to find that DTT's entries that pre-dated the start date of a related anti-circumvention inquiry are "covered merchandise."

Topics:Entry Type 86 , Customs duty, Court of International Trade, Antidumping and Countervailing Duties (AD/CVD)
Chinese Appliance Companies Plead Guilty to Importing, Selling Faulty Dehumidifiers
October 29, 2021 by Jacob Kopnick|Penalties and Courts

Chinese appliance manufacturer Gree Electric Appliances Inc. and two of its subsidiaries pleaded guilty to failing to tell the Consumer Product Safety Commission that millions of its dehumidifiers it sold to U.S. customers were defective and could catch fire, the Department of Justice said. Resolving the first corporate criminal enforcement actions ever brought under the Consumer Product Safety Act, Gree entered into a deferred prosecution agreement, agreeing to pay a total penalty of $91 million and provide restitution for any uncompensated victims of fires caused by the dehumidifiers.