CBP unlawfully initiated an antidumping duty and countervailing duty evasion investigation more than 15 days after receiving an allegation of duty evasion and imposed interim measures in violation of importer Sinoboom North America's due process rights, Sinoboom argued in a Dec. 22 complaint at the Court of International Trade (Sinoboom North America v. United States, CIT # 25-00876).
The following lawsuits were filed at the Court of International Trade during the week of Dec. 15-21:
Importer Blue Sky the Color of Imagination filed a complaint on Dec. 22 in a customs case at the Court of International Trade on the classification of its planning calendars. The complaint comes on the heels of the U.S. Court of Appeals for the Federal Circuit rejecting the trade court's previous ruling in a separate case brought by Blue Sky that classified the importer's goods as diaries under Harmonized Tariff Schedule subheading 4820.10.2010 (see 2512040019) (Blue Sky the Color of Imagination v. United States, CIT # 22-00008).
The U.S. declined to prosecute a criminal trade fraud case against global plastic resin distributor MGI International and its subsidiaries Global Plastics and Marco Polo International, DOJ announced on Dec. 18. The agency agreed to credit a $6.8 million payment made by MGI to settle a civil case against the company for knowingly failing to pay customs duties on plastic resin entries from China in its decision not to proceed with a criminal investigation for the same conduct.
Importer Wanxiang America agreed to pay over $53 million to settle claims that the company unlawfully avoided antidumping duties on its car part entries, DOJ announced. The settlement was filed at the Court of International Trade and resolves the government's customs penalty case against Wanxiang in which it was seeking $97 million from the company (see 2512180043).
A California customs broker was sentenced on Dec. 18 to 51 months in prison for defrauding importers, the U.S. Attorney's Office for the Central District of California announced. Frank Seung Noah owned and operated customs brokerage Comis International and also was ordered to pay $7,579,141 in restitution.
Ceratizit USA, a North Carolina-based tungsten carbide distributor, agreed to pay $54.4 million to settle allegations it violated the False Claims Act by "knowingly and improperly failing to pay duties owed on tungsten carbide products" from China, DOJ announced.
As importers everywhere await the Supreme Court's final decision on the fate of tariffs imposed under the International Emergency Economic Powers Act, more and more attorneys are counseling their clients to file preemptive lawsuits at the Court of International Trade to guarantee their right to a refund of the IEEPA tariffs.
The following lawsuits were filed at the Court of International Trade during the weeks of Dec. 1-7 and 8-14:
Angela Ellard, former deputy director-general of the World Trade Organization, has joined the Center for Strategic and International Studies as a nonresident senior adviser with its Economic Security and Technology Department, the think tank announced Dec. 15. Ellard joined WTO as deputy director-general in 2021 after serving as chief trade counsel for the House Committee on Ways and Means.