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CIT Puts Temporary Hold on Withdrawal of Bi-Facial Cells Exclusion From Solar Safeguard
November 12, 2019 |Penalties and Courts

The withdrawal of an exemption from solar cells safeguards for bi-facial cells is still on hold, after the Court of International Trade on Nov. 7 issued a temporary restraining order blocking implementation until at least Nov. 21. The court’s order bars the Office of the U.S. Trade Representative and CBP from withdrawing the exclusion from safeguard duties or modifying the Harmonized Tariff Schedule to end the exemption. Though it expires Nov. 21, the temporary restraining order may be renewed or replaced by a more permanent preliminary injunction that is currently being considered by CIT. The withdrawal of the exclusion for bi-facial solar cells was initially supposed to take effect Oct. 28 (see 1910080054), before a legal challenge filed by Invenergy and joined by the Solar Energy Industries Association prompted a delay of the withdrawal (see 1911050034).

Topics:Customs duty, Court of International Trade
Company, Executives Facing Charges for Selling Falsely Labeled Surveillance Equipment from China to US
November 7, 2019 by Tim Warren|Penalties and Courts

The Justice Department is pursuing criminal charges against Aventura Technologies of Commack, New York for selling Chinese-origin goods falsely labeled U.S.-origin to the U.S. government and others, the U.S. Attorney’s Office Eastern District of New York said in a news release. Seven current and former employees are also charged, it said. "Aventura imported networked security products from PRC manufacturers with known cybersecurity vulnerabilities, and resold them to U.S. military and other government installations while claiming that they were American-made," said the DOJ.

CIT Delays Withdrawal of Section 201 Exclusion
October 29, 2019 |Penalties and Courts

The Court of International Trade ordered that the Office of the U.S. Trade Representative delay the effective date for a planned withdrawal of an exclusion to Section 201 safeguard measures. The Oct. 25 order, which was approved by Judge Gary Katzmann, followed an agreement between the Justice Department and Invenergy Renewables, which filed a challenge to the withdrawal. Invenergy, which is represented by Crowell and Moring, filed a complaint on Oct. 22 that asked the CIT for an injunction blocking the withdrawal due to what the company said were various statutory violations. The USTR on Oct. 9 said it would withdraw the exclusion for bifacial solar panels consisting only of bifacial solar cells on Oct. 28. Both sides agreed to extend the effective date to Nov. 8. That will give the CIT "additional time to address the arguments that the parties put forth in their respective filings and, thus, foster the just, speedy, and inexpensive resolution of this action," Invenergy said in an Oct. 25 filing.

Topics:Court of International Trade, Section 201 Safeguards
Federal Circuit Denies Bid for Rehearing in Ford Transit Tariff Engineering Case
October 28, 2019 |Penalties and Courts

The U.S. Court of Appeals for the Federal Circuit recently denied a petition from Ford Motor Company to reconsider its recent decision that Ford Transit passenger vans converted into cargo vans post-importation are nonetheless classified in the tariff schedule as cargo vans (see 1906070061). Trade groups had criticized the June 7 ruling in briefs filed in support of Ford’s rehearing requests, arguing that the Federal Circuit’s consideration of the van’s use after importation upends a century of precedent on the current tariff classification scheme, and results in confusion for importers (see 1908070066). Ford’s lawyer did not immediately comment on the company’s next steps.

CIT Vacates 2017 Mexico Sugar AD/CVD Suspension Agreement Update
October 21, 2019 |Penalties and Courts

The Court of International Trade on Oct. 18 overturned updated agreements suspending antidumping and countervailing duties on sugar from Mexico, finding Commerce illegally withheld information on conversations with Mexican sugar producers during the 2017 negotiations on the deal. The court held that Commerce’s failure to write memorandums detailing those conversations meant CSC Sugar, a U.S. importer and refiner of Mexican sugar that opposes the updated suspension agreements, did not have a chance to comment on the substance of parts of the underlying negotiations. Commerce is required by law and its own regulations to keep a complete administrative record of AD/CVD proceedings, CIT said.

Topics:Customs duty, Court of International Trade