The following lawsuits were filed at the Court of International Trade during the week of July 29 - Aug. 4:
After its bid for a preliminary injunction was denied by Court of International Trade Judge Claire Kelly (see 2407260045), a customs broker fought Aug. 5 against a motion to dismiss its case, saying its complaint was ripe for litigation because CBP had already made the decision to deny its reinstatement to the agency's Entry Type 86 pilot (Seko Customs Brokerage v. United States, CIT # 24-00097).
Don Church of Texas pleaded guilty Aug. 1 to illegally importing protected Australian reptiles into the U.S. on behalf of a "fake zoo which he represented as legitimate," DOJ announced. Church entered 165 Australian reptiles, all covered by the Convention on International Trade in Endangered Species, by giving U.S. and Australian authorities false information.
The U.S. Court of Appeals for the 9th Circuit last week affirmed the convictions of six companies for conspiracy to commit wire fraud, customs fraud and promotional money laundering. However, the court said the trial court failed to resolve the parties' dispute on the value of the companies' warehouses before finding that they "lacked the ability to pay" the over $1.8 billion judgment and "ordering a nominal payment schedule."
The U.S. District Court for the Southern District of New York last week ordered importer Delta Uniforms and its owner, George Iloulian, to pay over $1.3 million for avoiding customs duties on medical uniforms, footwear and other apparel. Judge Paul Gardephe said they violated the False Claims Act and must pay triple the amount of the evaded duties and a $557,880 civil penalty.
The Court of International Trade on July 30 stayed Chinese printer cartridge exporter Ninestar Corp.'s lawsuit challenging its placement on the Uyghur Forced Labor Prevention Act Entity List for four months or until the Forced Labor Enforcement Task Force issues a final decision in the exporter's delisting request before the task force (Ninestar Corp. v. U.S., CIT # 23-00182).
The U.S. Court of Appeals for the D.C. Circuit last week said that an entity can only violate the Plant Protection Act and Animal Health Protection Act for aiding, abetting, causing or inducing the illicit import of plant and animal products by knowingly taking part in the import process (Amazon Services v. U.S. Department of Agriculture, D.C. Cir. # 22-1052).
The following lawsuits were filed at the Court of International Trade during the week of July 22-28:
The following lawsuits were filed at the Court of International Trade during the weeks of July 8-14 and 15-21:
The Court of International Trade on July 23 said CBP didn't have the authority to extend an order from the court enjoining liquidation of various entries to imports entered by Acquisition 362, doing business as Strategic Import Supply. Judge Mark Barnett dismissed the case for lack of subject-matter jurisdiction, finding that because Acquisition 362 wasn't a party to a separate case challenging the antidumping duty rate assessed on the company's goods, it wasn't subject to the court's order suspending liquidation of various tire entries.