CIT Vacates Penalty Judgment Against Importer to Correct Testimony
The Court of International Trade on March 26 vacated a penalty judgment against an importer of candles that failed to pay antidumping duties (here), after the government requested the ruling be set aside to correct an error. The court had…
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in February ordered NYCC 1959 to pay $15,310.08, plus interest, for gross negligence because it failed to declare its candles subject to the antidumping duty order on petroleum wax candles from China (see 1502060042). The allegations of gross negligence were partially based on testimony that NYCC had previously failed to pay AD duties on two prior entries of candles until CBP rate advanced them, and on one of those entries NYCC failed to declare the entry subject to AD duties at all. According to the government, it has since discovered the testimony was incorrect because NYCC did not pay the duties even after the rate advance, and did not declare either entry subject to AD duties. However, despite purportedly having even more evidence of gross negligence, the government is still seeking the same penalty amount of $15,310.08 plus interest for gross negligence.