The following lawsuit was recently filed at the Court of International Trade:
The U.S. Court of Appeals for the Federal Circuit issued its mandate on March 30 in a case wherein it ruled a protest of a CBP decision must be filed within 180 days of liquidation, rather than the date the Commerce Department issues antidumping and countervailing duty instructions to CBP or the date CBP denies an importer's refund request. In the decision, the appellate court upheld the Court of International Trade opinion dismissing the case on the grounds that Acquisition 362, doing business as Strategic Import Supply, failed to file a protest in time (see 2302060029) (Acquisition 362 v. United States, Fed. Cir. # 22-1161).
The U.S. Court of Appeals for the D.C. Circuit should take up the Standard/Tegna broadcasters’ appeal of the FCC’s HDO, said NAB in an amicus filing Thursday. “This Court should treat this order according to its intent and effect—a de facto final denial of the license application—and hear the appeal,” NAB said in the brief filed late Thursday. Refusal to act is itself an agency final action, said the Standard/Tegna broadcast parties in a filing opposing the FCC’s motion asking the U.S. Court of Appeals for the D.C. Circuit to dismiss their appeal (see 2303280072). The FCC Media Bureau’s action “on gossamer evidence” injects “untenable unpredictability into license transfer applications,” NAB said.
The statute of limitations in customs penalties runs from the date of entry, not from the date that the importer directed the violation to be committed, the Court of International Trade said in a March 31 decision that denied a motion to dismiss a fraud case against Florida businessman Zhe "John" Liu (U.S. v. Zhe "John" Liu, CIT # 22-00215).
The U.S. Court of Appeals for the D.C. Circuit should take up the Standard/Tegna broadcasters’ appeal of the FCC’s HDO, said NAB in an amicus filing Thursday. “This Court should treat this order according to its intent and effect—a de facto final denial of the license application—and hear the appeal,” NAB said in the brief filed late Thursday. Refusal to act is itself an agency final action, said the Standard/Tegna broadcast parties in a filing opposing the FCC’s motion asking the U.S. Court of Appeals for the D.C. Circuit to dismiss their appeal (see 2303280072). The FCC Media Bureau’s action “on gossamer evidence” injects “untenable unpredictability into license transfer applications,” NAB said.
The Court of International Trade on March 31 denied a motion to dismiss a fraud case against Florida businessman Zhe "John" Liu. Judge Jane Restani disagreed with Liu's argument that the statute of limitations ran from the time he directed the false entry filing and had expired, saying Congress specifically established that the statute of limitations in penalty cases is five years from the date of entry and that the courts have consistently held that the entry date is the moment that the statute begins to run.
The consent of a foreign manufacturer does not overcome the Privacy Act of 1974's ban on disclosure of the confidential Enforce and Protect Act record, the U.S. said in response to importer Richmond International Forest Products' motion to compel. Richmond's motion does not qualify for disclosure since the company is requesting the entire confidential EAPA record, which has data submitted by parties other than the consenting foreign manufacturer, LB Wood, the government said (Richmond International Forest Products Inc. v. U.S., CIT # 21-00318).
NAB will take the FCC to court unless it delays the 2022 quadrennial review and concludes the 2018 QR, said an ex parte filing Wednesday and broadcast industry officials in interviews, “The Commission has no lawful basis for withholding the belated 2018 review, and that failure independently threatens the viability of the 2022 review,” said the filing in docket 22-459. Multiple broadcast attorneys said the trade group is resolved to pursue the matter in court and without FCC action NAB will petition the U.S. Court of Appeals for a writ of mandamus. The filing gives the agency until April 12 to toll the 2022 QR proceeding and conclude the 2018 iteration. It’s not likely the FCC will agree to the request, attorneys said.
The Court of International Trade on March 29 dismissed a lawsuit from cell phone case maker Otter Products seeking interest on customs duty overpayments, finding it lacked jurisdiction to hear the case. Judge Claire Kelly held that the Administrative Procedure Act waiver of sovereign immunity only applies to interest on deposits linked with liquidated entries. As a result, there is no specific waiver of immunity related to Otter's claim for interest for its overpayments on tendered prior disclosures "under the no-interest rule," Kelly said.
Antidumping petitioner Mid Continent Steel & Wire asked the U.S. Court of Appeals for the Federal Circuit for an expedited briefing schedule in a case on the Commerce Department's use of adverse facts available due to a 16-minute late submission (Oman Fasteners v. U.S., Fed. Cir. # 23-1661).