The U.S. filed new charges under the Foreign Corrupt Practices Act against Javier Aguilar, a former oil and commodities trader at Vitol, accusing the Mexico and Houston resident of conspiracy to violate the FCPA's anti-bribery provisions for schemes in Ecuador and Mexico. The case against Aguilar was originally brought to the U.S. District Court for the Eastern District of New York in 2020 solely for the Ecuadorian bribery scheme (see 2009230016). The new indictment now lays out five counts against Aguilar, four for FCPA violations and one for money laundering (U.S. v. Javier Aguilar, E.D.N.Y. #20-00390).

The Commerce Department improperly used adverse facts available on antidumping respondent Saha Thai Steel Pipe Public Co. since the agency failed to notify the respondent about the supposed deficiencies in its submissions, the Court of International Trade ruled in a Dec. 2 opinion. Saha Thai omitted sales of line pipe from its U.S. sales database, claiming that line pipe is not within the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand. Judge Stephen Vaden found that Commerce did not notify the respondent that its sales database was deficient, remanding the use of AFA. If Commerce continues to use AFA on remand, it must ensure that it complies with the notice requirement, the judge ruled.

Importers and exporters of solar cells and modules from Cambodia, Malaysia, Thailand and Vietnam must complete and sign certifications within the next several weeks for any entries after April 1, 2022, to avoid antidumping and countervailing duties imposed in the preliminary determination of an anti-circumvention inquiry released by the Commerce Department on Dec. 2.

The U.S. is likely to see several more resolutions under the Foreign Corrupt Practices Act in the coming months, Acting Principal Deputy Assistant Attorney General Nicole Argentieri said at an annual FCPA conference this week. Argentieri made the remark after highlighting FCPA enforcement action taken in 2022. These moves included three corporate FCPA resolutions, involving Stericycle, Glencore and GOL Linhas Airlines, and one declination under the Corporate Enforcement Policy with disgorgement, involving Jardine Lloyd Thompson Group Holdings (JLT).

The Court of International Trade in a Dec. 1 opinion rejected the U.S.' motion to partially dismiss the alternative claims of jurisdiction in a case over the Commerce Department's assessment of antidumping duties. Judge Gary Katzmann said the question of the opinion was whether a party can dismiss an alternatively pleaded ground of jurisdiction. The judge said that since the U.S.'s motion "as styled is not the proper vehicle," the motion is denied.

The Court of International Trade should deny fish importer Southern Cross Seafoods' motion to expedite a case concerning the importer's application for preapproval to enter Chilean sea bass since the question of jurisdiction should settle the action, the U.S. argued in a Nov. 28 reply brief. The motion to expedite is "premature and unwarranted," and failing to expedite would not deprive Southern Cross of its requested relief, the U.S. said (Southern Cross Seafoods v. United States, CIT # 22-00299).

CBP cannot rely on country trade patterns as specific evidence for evasion of antidumping and countervailing duties in Enforce and Protect Act proceedings, importer Skyview Cabinets USA argued in a Nov. 29 reply brief at the Court of International Trade. CBP also erred by relying on statements from a corporate investigator, paid for by the alleger in the EAPA case, that are "inconsistent with the record." While Masterbrand tries to "downplay" facts presented by Skyview by using words such as "discrepancies, deficiencies, inconsistencies, and omissions," CBP never investigated any of these perceived discrepancies as required by law, Skyview said (Skyview Cabinet USA v. United States, CIT #22-00080).

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CBP failed to provide public summaries of the confidential information in an Enforce and Protect Act antidumping duty evasion investigation, the Court of International Trade ruled in a Nov. 28 opinion. Judge Jennifer Choe-Groves sent back parts and upheld parts of the EAPA finding, ultimately also remanding CBP's decision to retroactively cover entries made before the EAPA statute came into force and include merchandise found by the Commerce Department in a scope ruling to not be covered by the order.

The Court of International Trade on Nov. 28 blocked imports of certain fish taken from New Zealand's West Coast North Island multispecies set-net and trawl fisheries. In an opinion that cited renowned conservationist Rachel Carson, Judge Gary Katzmann found plaintiffs are likely to succeed in arguing two claims in the case seeking a Marine Mammal Protection Act ban on imports of fish and fishery products from New Zealand and caught using techniques that have caused the near extinction of the Maui dolphin, warranting the injunction. The injunction covers snapper, tarakihi, spotted dogfish, trevally, warehou, hoki, barracouta, mullet and gurnard from the New Zealand set-net and trawl fisheries.