Recent Court Cases on International Trade for May 1 - 7
The following Court of Appeals for the Federal Circuit and Court of International Trade cases on international trade issues were dated/decided during May 1 - 7, 2008:
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CBP Not Required to Engage in Mitigation Before Seeking Liquidated Damages
The CIT has ruled that U.S. Customs and Border Protection can assess liquidated damages and seek their recovery through litigation, without first engaging in mitigation proceedings, which are permissive and not mandatory.
CAFC Finds Toyota Did Not Violate Patent on Hybrid Vehicles
The CAFC has agreed with the International Trade Commission that Toyota's Prius, Highlander HV, Camry HV, and Lexus RX 400h hybrid vehicles do not infringe U.S. Patent No. 5,067,932.
Parts are Not in Scope of AD Order on Iron Construction Castings from China
The CIT has ruled that the antidumping order on iron construction castings from China - which covers imports of meter, service, and valve boxes - does not cover cast iron bases and cast iron upper bodies when imported independently, as the order does not contain language to include parts or components of meter boxes.
CIT liquidated damages case (U.S. vs. Canex, et. al., Slip. Op. 08-46, dated 05/01/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/Slip%20Op.%2008-46.pdf
CAFC Toyota patent case (Solomon Technologies Inc. vs. ITC, CAFC 2007-1391, decided 05/07/08)available at http://www.cafc.uscourts.gov/opinions/07-1391.pdf
CIT iron castings AD case (East Jordan Iron Works, Inc., et. al. vs. U.S., Slip Op. 08-48, dated 05/01/08) available at http://www.cit.uscourts.gov/slip_op/Slip_op08/08-48.pdf