The Court of International Trade on Nov. 16 ruled that CBP can reliquidate entries that have already deemed liquidated, but steered clear of the question – for now, at least – of how long CBP may wait before reliquidating, declining a motion from the surety Great American Insurance Company to dismiss a government bid to collect unpaid antidumping duties.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 9-15:
The following lawsuits were filed at the Court of International Trade during the week of Nov. 2-8:
A second protest cannot be filed on an entry after denial of the first, even if filed by a different person, said the Court of International Trade on Nov. 9 as it dismissed an importer’s lawsuit challenging the valuation of two entries of pencils (here). Design International Group had already had two protests on the two entries denied on when it filed a third protest on the two entries, still within the 180 day time limit for protest filing. Though 19 USC 1514(c)(1)(D) generally allows only one protest for each entry of merchandise, Design International cited an exception for “separate protests filed by different authorized persons,” noting the first two protests were filed by its customs broker, while the third was filed by its attorney. CIT, citing previous case law, ruled that the exception for different authorized persons does is not applicable when the first protest has already been denied. According to the court, allowing additional protests when a protest has already been denied would allow an unending series of protests, each protesting the previous denial.
The following lawsuits were filed at the Court of International Trade during the week of Oct. 26 - Nov. 1:
The following lawsuits were filed at the Court of International Trade during the week of Oct. 19-25:
The following lawsuits were filed at the Court of International Trade during the week of Oct. 12-18:
The following lawsuits were filed at the Court of International Trade during the week of Oct. 5-11:
The Justice Department filed charges against two toy importers for violations of consumer product safety standards, it said on Oct. 6 (here). DOJ says that the Consumer Product Safety Commission sent Brightstar Group of Los Angeles and its owner, Sherry Chen, nine letters between 2013 and 2015 detailing product safety violations in shipments of children’s products into Los Angeles. Meanwhile, CPSC sampling caught 39 shipments imported by Unik Toyz Trading Inc. of Los Angeles, and its owner, Julie Tran, and manager, Kiet Tran, also face charges. Most of the violative toys imported by each company were stopped at the Port of Los Angeles/Long Beach and not sold to consumers, said DOJ. Both companies immediately agreed to settlements that prohibit them from importing and selling toys and children’s products “until the CPSC determines that the firm’s practices have come into compliance with the law and with various remedial measures set out in the decrees,” said DOJ. The proposed settlements must be approved in court, it said.
Michael Sanders will serve 18 months in prison and pay Apple and Otter Products nearly $100,000 due to a counterfeit trafficking scheme, said ICE in a news release on Sanders' sentencing (here). After ICE's Homeland Security Investigations in Jacksonville, Florida discovered a shipment from China containing counterfeit iPhone back plates and Otter Box cases," and found out "Sanders was selling counterfeit cell phone parts and accessories using e-commerce," said ICE. Sanders bought remanufactured phones, paired them with counterfeit batteries and chargers and sold them in counterfeit trademarked box to sell in e-commerce, the agency said. "Sanders admitted that he took in over $100,000 in sales" and "the investigation revealed that the counterfeit products acquired by Sanders would have had a value of over 1 million dollars had they been authentic," said ICE.