The following are short summaries of recent CBP NY rulings issued by the agency's National Commodity Specialist Division in New York:
The following lawsuits were recently filed at the Court of International Trade:
In response to a U.S. opposition to its motion for judgment that included an accusation that it had fabricated a lab test (see 2410300052) -- after it itself claimed CBP had put the wrong test on the record (see 2406240048) -- an importer said Nov. 23 that DOJ had illegally “cited to matters from outside the record” (Vanguard Trading Co. v. U.S., CIT # 23-00253).
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The Court of International Trade allowed tomato exporters NS Brands and Naturesweet Invernaderos to intervene in a case challenging the 1996 antidumping duty investigation on Mexican tomatoes, despite the request for intervention coming five years too late. Judge Jennifer Choe-Groves held that the exporters, collectively referred to as NatureSweet, showed good cause for intervention, due to the unorthodox nature of the appeal, and properly articulated the basis for its intervention.
The Commercial Customs Operations Advisory Committee for CBP holds its next quarterly meeting Dec. 11 remotely and in person in Washington, D.C., at 1 p.m. EST, CBP said in a notice. Comments are due by Dec. 6.
No lawsuits were recently filed at the Court of International Trade.
The Bureau of Industry and Security soon will place new export controls over certain scientific testing and industrial processing equipment destined to Pakistan that had not previously faced license requirements, saying the items have been diverted through Pakistan to companies on the Entity List.
The Court of International Trade on Nov. 25 allowed exporters NS Brands and Naturesweet Invernaderos S. de R.L. de C.V. to intervene in a case challenging the results of a 27-year-old antidumping duty investigation. Judge Jennifer Choe-Groves held that the companies showed good cause for waiting nearly five years in seeking to intervene in the case because the trade court "drastically changed the landscape of this litigation by ordering" the Commerce Department to investigate the 1995-96 tomato market "approximately 29 years" later. It would have been "nearly impossible in 2019 for NatureSweet" to anticipate the court's decision when the case was first filed, the judge said.
The U.S. defended the methodology it used to calculate the amount of supplier subsides attributable to exporters Les Produits Forestiers D&G and its cross-owned affiliates, led by Les Produits Forestiers Portbec, on remand in a case on the expedited countervailing duty review of Canadian softwood lumber. Filing remand comments on Nov. 15, the government said two alternative methodologies floated by the petitioner, the Committee Overseeing Action for Lumber International Trade Investigations or Negotiations, both fall short (Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. U.S., CIT Consol. # 19-00122).