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NOAA Reviewing CIT Ruling on Mexican Fish Imports
July 27, 2018 |Penalties and Courts

The National Oceanic and Atmospheric Administration is going over its options in response to a Court of International Trade preliminary injunction that requires the government to ban certain fish from Mexico (see 1807260039), a National Marine Fisheries Service spokeswoman said. NOAA, which houses the NMFS, "is reviewing the ruling from the Court of International Trade and determining next steps," she said. The court approved the preliminary injunction in a lawsuit over protecting vaquita porpoises. The CIT ruling said the government must "ban the importation of all fish and fish products from Mexican commercial fisheries that use gillnets within the vaquita’s range."

Topics:Court of International Trade
Duties on Sri Lankan Tires Set to End After CIT Decision on Subsidies
July 20, 2018 |Penalties and Courts

Recently imposed countervailing duties on new pneumatic off-the-road tires from Sri Lanka look set to end, after the Court of International Trade on July 11 sustained a redetermination by the Commerce Department. After taking out a program CIT found was not a subsidy, the CV duty rate for Camso Loadstar and the rate for all other Sri Lankan exporters fell to 1.23%, below the two percent threshold for imposing CV duty orders on developing countries under World Trade Organization rules. Commerce issued its CV duty order in March (see 1703030031).

Topics:Court of International Trade
Steel Importers Ask CIT to Stop Enforcement of Section 232 Tariffs; AIIS Seeks Legal Fund Donations
July 20, 2018 |Penalties and Courts

The American Institute for International Steel and two companies asked the Court of International Trade on July 19 to immediately stop the enforcement of Section 232 tariffs, AIIS said in a news release. A summary judgment is necessary to prevent further monetary harm to steel importers, as well as "the port authorities, customs brokers, insurance companies, and logistics companies that are members of AIIS and that derive significant portions of their revenue from their handling of imported steel," AIIS said in its filing.

Topics:Section 301 tariff exclusions, Customs duty, Court of International Trade, Section 232 Tariffs
CIT Has Jurisdiction Over Excise Tax Collection Cases, Trade Court Says
July 9, 2018 |Penalties and Courts

The Court of International Trade has jurisdiction to hear government lawsuits to recover unpaid excise taxes even when no penalty is sought, it said in a pair of decisions issued July 3. CIT has exclusive purview over cases dealing with violations of 19 USC 1592, and though laws on CIT jurisdiction over those cases refer only to penalty cases and recovery of customs duties, the underlying law specifically allows CBP to seek recovery of duties, taxes and fees without collecting a penalty, CIT said. Federal excise taxes, which are collected at the time of importation and are a condition of release, “are customs duties for the purposes of jurisdiction,” the trade court said.

Topics:Court of International Trade
Freight Forwarder Executives Arrested for Alleged Price-Fixing Scheme
July 5, 2018 |Penalties and Courts

The owner and manager of a New Orleans-based freight forwarder were recently arrested for their part in a conspiracy to fix prices for international freight forwarding services, the Justice Department said in a July 3 press release. A complaint unsealed June 29 in Eastern Louisiana U.S. District Court alleges Roberto Dip, owner and CEO of the unnamed forwarder, and Jason Handal, its manager, schemed with other forwarders to raise prices on their U.S. customers for shipments to Honduras and elsewhere, beginning with a meeting held in Honduras in 2014.