Jacob Kopnick

Judges at the U.S. Court of Appeals for the Federal Circuit questioned claims from both exporter Dongkuk S&C Co. and the Commerce Department during Nov. 5 oral argument in a suit on the antidumping duty investigation on utility scale wind towers from South Korea (Dongkuk S&C Co. v. United States, Fed. Cir. # 23-1419).

The Court of International Trade rejected importer Retractable Technologies' bids for a temporary restraining order and preliminary injunction stopping the collection of Section 301 duties on its needles and syringes. However, in a decision made public Nov. 4, Judge Claire Kelly did stop liquidation of Retractable's entries during the course of the company's suit, which challenges the legality of a Section 301 rate hike on needles and syringes.

China said it will continue its challenge at the World Trade Organization against the EU's countervailing duties on Chinese electric vehicles. The nation's Ministry of Commerce said on Nov. 4 it believes the EU's duties "lack both factual and legal grounds," violate WTO rules and stand as a "pretext for trade protectionism," according to an unofficial translation.

Exporter POSCO argued on Nov. 5 that the Commerce Department's finding that the South Korean government's provision of electricity below costs is de facto specific is unsupported by substantial evidence. Filing a reply brief at the Court of International Trade, POSCO said Commerce's specificity finding "relies on a random grouping of the steel industry with two other unrelated industries" to find that the steel industry gets a disproportionate amount of the subsidy (POSCO v. United States, CIT # 24-00006).

The following lawsuit was recently filed at the Court of International Trade:

Turkish national Taskin Torlak was arrested Nov. 2 for allegedly conspiring to violate U.S. sanctions by scheming to ship oil from Venezuela to benefit the country's state-owned oil and natural gas company Petroleos de Venezuela, DOJ announced.

A Virginia-based freight consolidation and forwarding business and two of its executives were charged with conspiracy to violate the Export Control Reform Act after they allegedly exported goods and technology to Russia by transshipping them through Turkey, Finland and Kazakhstan, DOJ announced Nov. 4.

The Commerce Department reasonably used exporter San Shing Fastech Corp.'s financial statements to calculate constructed value profit and selling expenses for respondent Your Standing International in the 2021-22 review of the antidumping duty order on steel nails from Taiwan, the U.S. argued in a response to Your Standing's motion for judgment (Your Standing International v. United States, CIT # 24-00055).

Oil trader Gary Oztemel will pay $301,575 to settle charges that he violated the Foreign Corrupt Practices Act for paying over $1 million in bribes to Brazilian officials to secure contracts for two U.S. energy corporations. Oztemel pleaded guilty in June to money laundering, leading to the final plea settlement.

A recent Court of International Trade decision is relevant to settle whether the Drug Enforcement Administration is vested with the authority to make admissibility decisions on imports, importer Unichem Enterprises told the trade court on Nov. 1. Filing a notice of supplemental authority, Unichem said the decision, Inspired Ventures v. U.S., also will help resolve whether CBP "usurps the Court's authority when it seizes merchandise for forfeiture that is within the Court's jurisdiction" (UniChem Enterprises v. United States, CIT # 24-00033).