Electronics distribution company Broad Tech System and its president and owner, Tao Jiang of Riverside, California, pleaded guilty Jan. 11 to participating in a conspiracy to illegally ship chemicals made or distributed by a Rhode Island-based company to a Chinese firm with ties to the Chinese military, the U.S. Attorney's Office for the District of Rhode Island announced. Jiang and Broad Tech admitted to violating the Export Control Act and conspiring to commit money laundering.
The following lawsuit was filed at the Court of International Trade during the week of Jan. 15-21.
The following lawsuits were recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit on Jan. 22 issued its mandate in a pair of cases seeking to retroactively apply Section 301 tariff exclusions. In the suits, the appellate court sustained the dismissal of the cases for a lack of subject matter jurisdiction, finding that a protest must have been filed with CBP to properly effectuate relief. The Court of International Trade initially said jurisdiction was not to be had under Section 1581(i), the court's "residual" jurisdiction, since the court would have had jurisdiction under Section 1581(a) had a protest been filed (see 2209060035). The Federal Circuit affirmed, finding that the true nature of the suits contests CBP's assessment of the duties and not the U.S. Trade Representative's decision to grant an exclusion, even though the exclusions were granted after the deadline for filing a protest had lapsed (ARP Materials v. United States, Fed. Cir. # 21-2176) (The Harrison Steel Castings Co. v. United States, Fed. Cir. # 21-2177).
U.S. District Judge John Tharp for Northern Illinois in Chicago must use his “supervisory power” to dismiss the government’s indictment against Hytera Communications for failure to present evidence of trade secrets to the grand jury, said Hytera’s Jan. 11 motion (docket 1:20-cr-00688), originally filed under seal.
CBP illegally liquidated an importer’s entries before litigation over the entries’ antidumping duty rate had finished, that importer alleged in the Court of International Trade (Acquisition 362 dba Strategic Import Supply vs. U.S., CIT 24-00011).
The Commerce Department’s use of Turkish lira, not U.S. dollars, to calculate home market sales was contrary to record evidence that a Turkish exporter used the latter currency in its price negotiations, invoices and records, the exporter said on appeal (Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. v. U.S., Fed. Cir. # 24-1158).
Apple likely will stop selling watches that contain pulse oximeters, at least for now, after a Jan. 17 court order made clear that a stay on those watches’ Section 337 import ban would end the next day (Apple v. International Trade Commission, Fed. Cir. # 24-1285).
Apple likely will stop selling watches that contain pulse oximeters, at least for now, after a Jan. 17 court order made clear that a stay on those watches’ Section 337 import ban would end the next day (Apple v. International Trade Commission, Fed. Cir. # 24-1285).
The Court of International Trade in a Jan. 16 order allowed some changes proposed by the U.S. to the amended protective order (APO) in exporter Ninestar Corp.'s case against its addition to the Uyghur Forced Labor Prevention Act Entity List, but it denied a motion from Ninestar to amend the protective order (Ninestar Corp. v. U.S., CIT # 23-00182).