The following lawsuits were filed at the Court of International Trade during the weeks of Sept. 9-15 and 16-22:
Three grape grower trade groups filed a complaint on Sept. 13 in the U.S. District Court for the District of Columbia, challenging the Agriculture Department's notice allowing table grapes from Chile to be imported under a "systems approach" as opposed to using the standard fumigation requirements (California Table Grape Commission v. United States Department of Agriculture, D.D.C. # 24-02645).
The U.S. last week filed a civil complaint against Florida importer Repwire, along with its manager Jose Pigna and insurer American Alternative Corp., alleging that the company made false statements to customs officials when it imported aluminum wire, to avoid customs duties (see 2409110061). In an accompanying news release, DOJ alleged the importer misrepresented the wire's "classification code and country of origin" through gross negligence or negligence.
The U.S. District Court for the Eastern District of California on Sept. 13 dismissed a suit from three U.S.-based honey producers related to the alleged import of "fake" honey. Judge Daniel Calabretta held that the honey producers, led by Henry's Bullfrog Bees, failed to include sufficiently specific factual allegations to support their claims that the defendants -- honey importers and distributors -- engaged in fraud (Henry's Bullfrog Bees v. Sunland Trading, E.D. Cal. # 2:21-00582).
Monishkumar Kirankumar Doshi Shah, who owned jewelry companies in New York City , pleaded guilty Sept. 10 to leading a scheme to "illegally evade customs duties for more than $13.5 million of jewelry imports" into the U.S., the U.S. Attorney's Office for the District of New Jersey announced. Shah, a resident of Jersey City, New Jersey, and Mumbai, also admitted to illicitly processing over $10.3 million through an "unlicensed money transmitting business."
The following lawsuits were filed at the Court of International Trade during the weeks of Aug. 19-25, Aug. 26 - Sept. 1, Sept. 2-8:
Ontario resident Wasseem Ramjaun pleaded guilty Sept. 4 to importing counterfeit goods, causing a "total loss" of $4,216,025, the U.S. Attorney's Office for the Western District of New York announced. He faces a maximum of 10 years in prison and a $2 million fine.
The U.S. Court of Appeals for the Federal Circuit during oral argument on Sept. 3 strongly questioned the U.S. in a customs case on whether cookware imports from Meyer Corp. qualify for first sale treatment. Judges Sharon Prost, Todd Hughes and Tiffany Cunningham questioned the government's defense of the Court of International Trade's decision to deny Meyer first sale valuation seemingly based on an adverse inference drawn against the company for its failure to submit its parent company's financial information (Meyer Corp. v. United States, Fed. Cir. # 23-1570).
California man Mohamad Yassin Alcharihi was sentenced on Aug. 29 to three months in prison for illegally importing an "ancient floor mosaic from Syria depicting the Roman demigod Hercules," the U.S. Attorney's Office for the Central District of California announced. Alcharihi was found guilty in June 2023 after a five-day trial of one count of entry of falsely classified imports.
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.