The following lawsuits were filed at the Court of International Trade during the week of Feb. 22-28:
The following lawsuits were filed at the Court of International Trade during the week of Feb. 15-21:
The U.S. Court of Appeals for the Federal Circuit recently affirmed the dismissal of a challenge brought by Ford to CBP’s denial of a $6.2 million refund of duty overpayments on entries of Jaguar cars. Ford requested the refunds via reconciliation, and argued its reconciliation entries should have deemed liquidated, and the refunds issued, when a year passed without any CBP action. As explained by Ford, the Court of International Trade had first ruled its court challenge was filed to early (see 10072920), and then ruled it was too late (see 14061901). Moving past the timing question, the Federal Circuit a Feb. 3 decision (here) ruled that CIT was within its rights to decline to issue judgment in favor of Ford, and make the company challenge denied protests of the liquidations themselves. “District courts may refuse declaratory relief where an alternative remedy is better or more effective,” it said.
The following lawsuits were filed at the Court of International Trade during the week of Feb. 8-14:
Units of curtain walls imported separately for assembly into a finished curtain wall of a building are subassemblies that may be exempt from antidumping and countervailing duties on aluminum extrusions from China, said the Court of International Trade in a Feb. 9 decision (here). The court ordered the Commerce Department to reconsider a 2014 scope ruling that found Yuanda window wall units are covered by duties because they are imported separately and ineligible for the “finished goods kit” or “finished merchandise” exemption (see 14033128).
International Custom Products recently requested that the U.S. Supreme Court hear its challenge to the constitutionality of the requirement that importers pay duties before filing suit at the Court of International Trade, according to the Supreme Court’s website (here). The U.S. Court of Appeals for the Federal Circuit ruled in June 2015 that the duty payment for court challenges of denied protest does not violate International Custom Products’ right to due process (see 1506300073). The now-bankrupt importer would have had to pay $28 million to have its case heard at CIT on the classification of white sauce. International Custom Products had argued a CBP notice of action improperly revoked a ruling letter without the required notice and opportunity to comment (see 12121239).
No lawsuits were filed at the Court of International Trade during the week of Feb. 1-7.
The Federal Trade Commission on Feb. 1 filed charges against an Ohio company for making misleading “Made in U.S.A.” claims on its glue products, it said (here). Filed in Northern Ohio U.S. District Court, the complaint (here) alleges Chemence, manufacturer of Kwik Frame, Kwik Fix and Krylex super glues, said on its packaging that its products were “Made in the U.S.A.” or “Proudly Made in the U.S.A.” However, about 55 percent of the cost of the chemical inputs used to make the glues is attributable to imported chemicals, and those imported chemicals are “essential to the function” of Chemence’s glue products, alleged the FTC. The agency is seeking an injunction against any future violations by Chemence.
A federal district judge in Norfolk on Feb. 1 approved a $13.15 million dollar settlement of Lacey Act violations by Lumber Liquidators, said the Justice Department in a press release (here). Agreed to by Lumber Liquidators in October to settle charges it falsely declared the country of origin and type of wood of its imported flooring (see 1510080012), the settlement marks the largest financial penalty ever under the Lacey Act, said DOJ. In addition to $7.8 million in fines and over $4 million in criminal and civil forfeiture, the settlement includes over $1 million in community service payments. Some of that money will go toward funding the development of a wood identification tool that could be used to identify timber species at the border to make sure they’re not listed as endangered or threatened, said DOJ.
The following lawsuits were filed at the Court of International Trade during the week of Jan. 25-31: