The U.S. told the Court of International Trade that its inadvertent liquidation of entries subject to an injunction from the court was the result of "human errors." Submitting information requested by the court in response to the injunction violation, the government said its controls to ensure compliance with the court's injunctions weren't followed (Shanghai Tainai Bearing Co. v. United States, CIT Consol. # 24-00025).
Luggage importer Samsonite filed a complaint at the Court of International Trade on Aug. 29 to contest CBP's alleged failure to apply Section 301 exclusions granted by the Office of the U.S. Trade Representative to its baggage entries (Samsonite v. United States, CIT # 24-00031).
The Court of International Trade on Aug. 28 denied both the government's and importer HyAxiom's motions for judgment in a customs classification case on PC50 supermodules, which are a part of a stationary hydrogen fuel cell generator known as the PureCell Model 400. Judge Timothy Stanceu said a factual determination is needed on whether the PC50's "principal function" is gas generation.
Mississippi seafoods wholesaler Quality Poultry and Seafood Inc. and two of its managers pleaded guilty on Aug. 27 to conspiring to mislabel frozen imported goods as their more expensive and premium local counterparts, DOJ announced. The company agreed to pay $1 million in forfeitures and a $150,000 criminal fine, while sales manager Todd Rosetti and business manager James Gunkel copped to "misbranding seafood to facilitate" the company's fraud, DOJ said.
The U.S. Court of Appeals for the Federal Circuit didn't select the Section 301 litigation for its October schedule, setting up early November as the earliest time the case could be heard. Matt Nicely, counsel for the lead plaintiffs in the case involving over 4,000 companies, said in an email that he's "optimistic" oral argument in the action "will still happen before the end of the year." All arguing attorneys finished submitting their notices of conflicts with oral argument in April (HMTX Industries v. United States, Fed. Cir. # 23-1891).
The Commerce Department illicitly expanded the scope of the antidumping duty order on wooden cabinets and vanities from China to cover goods made out of phragmites, exporter Nanjing Kaylang Co. argued in an Aug. 27 motion for judgment at the Court of International Trade. The suit challenges Commerce's scope ruling including Kaylang's goods in the AD order (see 2402210053) (Nanjing Kaylang Co. v. United States, CIT # 24-00045).
Exporter Yingli Energy (China) Co. filed a complaint on Aug. 28 at the Court of International Trade to contest the Commerce Department's denial of its separate rate application in the 10th review of the antidumping duty order on solar cells from China, claiming that it showed its independence from Chinese state control (Yingli Energy (China) Co. v. United States, CIT # 24-00131).
Hungarian national Bence Horvath was charged with violating U.S. export controls on Russia by conspiring to ship radio communications technology to Russian government end users without a license, DOJ announced Aug. 26. Horvath is charged with one count of conspiring to violate the Export Control Reform Act of 2018.
The U.S. submitted proof of service in its customs penalty case against German paper exporter Koehler a week after the Court of International Trade allowed the government to serve the company through its U.S. counsel. The proof of service said the summons and complaint were served on Koehler's Holland & Knight attorneys (United States v. Koehler Oberkirch, CIT # 24-00014).
Exporter Your Standing International argued on Aug. 26 at the Court of International Trade that the Commerce Department erred in using the financial statements of Taiwanese company San Shing Fastech Corporation in calculating Your Standing's constructed value profit in the 2021-22 review of the antidumping duty order on steel nails from Taiwan (Your Standing International v. United States, CIT # 24-00055).