The Court of International Trade granted the government’s motion to amend its complaint on the third try in an action seeking penalties from Active Frontier International for false country of origin statements on entry documentation. CIT denied the penalty action without prejudice in August, because the government didn’t prove that all of AFI’s misstatements were material, as required by 19 USC 1592 for imposition of a penalty. The government’s first motion to amend was denied in early October because it didn’t include the actual amended complaint, and its second motion to amend the complaint was withdrawn later that month.
A listing of recent antidumping and countervailing duty messages from the International Trade Administration posted to CBP's website Jan. 16, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at addcvd.cbp.gov. (CBP occasionally adds backdated messages without otherwise indicating which message was added. ITT will include a message date in parentheses in such cases.)
The International Trade Commission is publishing notices in the Jan. 16 Federal Register on the following AD/CV injury, Section 337 patent, and other trade proceedings (any notices that warrant a more detailed summary will appear in another ITT article):
The International Trade Commission assented to a request by complainant SI Group to add four respondents to the Section 337 patent investigation of rubber resins (337-TA-849). Per SI Group’s request, the ITC added to the investigation Red Avenue Group Limited, Sino Legend Holding Group of the Marshall Islands, Gold Dynasty Limited, and Elite Holding Group. Requests to add two other proposed respondents were denied. The full list of respondents is now as follows:
The International Trade Administration published notices in the Jan. 16 Federal Register on the following AD/CV proceedings (any notices that announce changes to AD/CV duty rates, scope, affected firms, or effective dates will be detailed in another ITT article):
On Jan. 15 the Food and Drug Administration posted new and revised versions of the following Import Alerts on the detention without physical examination of:
The Food and Drug Administration threatened to refuse entry of German drug manufacturer Hameln Pharmaceuticals’ drug products for current good manufacturing practice regulation violations, it said in a warning letter (here). The refusal would only apply to the company’s Hameln, Germany facility, the agency said. FDA may also withhold approval of new applications or supplements listing Hameln Pharmaceuticals as manufacturer if the violations aren’t corrected.
The Food and Drug Administration may refuse imports from device manufacturers from the U.K., Korea, and Israel for current good manufacturing practice requirement violations, it said in several warning letters. Central Surgical of the UK (here), Interojo of Korea (here), and Curatonic of Israel (here) were named in the letters. FDA also took Curatonic to task for unapproved marketing of its devices. Richway of Korea (here) was also sent a warning letter for CGMP violations, but FDA stopped short of threatening refusal of its imports.
The Food and Drug Administration may refuse entry of fish products from two Canadian processors for violations of seafood Hazard Analysis and Critical Control Point (HACCP) regulations, it said in two recently published warning letters. North Fish’s HACCP plans are inadequate for salted herring, dried salted white fish, and refrigerated cold smoked mackerel, rendering those products adulterated, FDA said (here). Fisherman's Market’s mackerel, mahi mahi, marlin, herring, shad, tuna, and vacuum packaged frozen cooked lobster, crab and shrimp products are adulterated for the same reason, it said (here).
On Jan. 15 the Foreign Agricultural Service issued the following GAIN reports: