On August 18, 2011, CBP and other officials presented their draft proposals for modeling new simplified entry, summary, and financial processes for imports at a COAC1 meeting, achieving their first project milestone on time. Finalized models are due by September 16, with a final report and proposal slated for delivery on September 30.
The Court of International Trade has ruled that an importer whose identity is alleged to have been stolen and used by another to enter goods that never came into the importer's possession, may not sue for a refund of liquidated damages as the importer failed to seek timely relief under 28 USC 1581(a) by protesting CBP's Notice of Redelivery. CIT stated that had the importer protested the Notice, it could have raised the exact issues raised in this suit.
U.S. Customs and Border Protection has posted an updated version of its spreadsheet of ACE ESAR A2.2 (Initial Entry Types) programming issues.
In Arko Foods International, Inc., v. U.S., the Court of Appeals for the Federal Circuit upheld a 2009 Court of International Trade judgment that although mellorine is a dairy product, it is not an article of milk as milk doesn't provide its essential character. Instead, the frozen dairy product it is classifiable as other edible ice.
Former Skullcandy CEO Rich Alden’s abrupt departure from the company he founded followed three employees’ complaints of “improper workplace conduct,” the company said in a 10-Q filed with the SEC.
The International Trade Commission has voted to institute a section 337 patent-based investigation of certain light-emitting diodes (LEDs) and products containing same (337-TA-798), such as light fixtures and automotive lights. The investigation is based on a complaint filed by Samsung LED Co., Ltd., of Korea and Samsung LED America of Atlanta, GA, that alleges patent violations by OSRAM GmbH of Germany; OSRAM Opto Semiconductors GmbH of Germany; OSRAM Opto Semiconductors, Inc. of Sunnyvale, CA; and OSRAM Sylvania, Inc. of Danvers, MA.
The Court of Appeals for the Federal Circuit has reversed and remanded1 a Court of International Trade decision that had barred a surety from suing on a claim that arose after the protest period expired. The litigant, Hartford Fire Insurance Company, claimed that CBP's failure to disclose certain criminal information about its client, an importer of crawfish from China, made its bond voidable at Hartford’s election.
Rovi appears to have resolved its patent battle with Toshiba, after Rovi executives said in a conference call that it reached agreement with Toshiba to embed its TotalGuide in flat-panel TVs in the U.S. and Europe starting in 2012. The licensing pact with Toshiba would appear aimed at settling a complaint Rovi filed with the U.S. International Trade Commission earlier seeking an investigation of its products with interactive program guides and parental controls. Rovi hasn’t signed a licensing agreement with Toshiba for Japan, but “remains hopeful” that a deal can be reached, Rovi CEO Fred Amoroso said. It wasn’t clear at our deadline whether Rovi would drop its complaint against Toshiba. Rovi officials weren’t available for comment.
The International Trade Commission has voted to institute a section 337 patent-based investigation on certain portable electronic devices and related software (e.g. hardware and software used in a variety of portable electronic devices, including mobile communication equipment), pursuant to a complaint filed by Apple Inc. of Cupertino, CA against HTC Corp. of China; HTC America, Inc., of Bellevue, WA; and Exedea, Inc., of Houston, TX. (Inv. No. 337-TA-797).
On August 9, 2011, U.S. Trade Representative Kirk announced that the U.S. is taking the next step in a dispute regarding the Government of Guatemala’s "apparent failure" to effectively enforce its labor laws by requesting the establishment of an arbitral panel under the Dominican Republic-Central America-U.S. Free Trade Agreement (DR-CAFTA). This is the first labor case that the U.S. has ever brought under a trade agreement.