U.S. Government Intervenes In Action Alleging Evasion Of Import Duties by Rebecca Woodings

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The U.S. Department of Justice intervened in a lawsuit alleging falsification of country-of-origin documents to U.S. Customs and Border Protection. At issue is whether a Japanese company, Toyo Ink International Corp., two U.S. affiliates, and a Mexican joint venture partner (collectively “Toyo”) misrepresented the country of origin for U.S. imports of carbazole violet pigment number 23 (“CVP-23”) in order to evade antidumping and countervailing duties. According to the lawsuit, Toyo falsely certified that its CVP-23 imports were of Mexican and/or Japanese origin and improperly marked the products’ packaging as being made in Mexico or Japan, rather than China.

The United States has imposed antidumping duties on imports of CVP-23 from China since 2004. Although a few Chinese companies have lower rates, the “all others” antidumping rate applicable to most Chinese exporters of CVP-23 is 241 percent ad valorem. Significant antidumping and countervailing duties also apply to CVP-23 imported from India.

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Published In: Business Torts Updates, Civil Procedure Updates, General Business Updates, Energy & Utilities Updates, International Trade Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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