The U.S. Court of Appeals for the 3rd Circuit on June 14 denied Albion Engineering Co.'s expedited motion to stay an injunction pending the appeal of Newborn Bros. Co.'s suit against Albion for unfair competition (Newborn Bros. Co. v. United States, 3rd Cir. # 24-1548).
Washington state importer Tip the Scale, doing businesses as L & D Kitchen and Bath, pleaded guilty and was sentenced on June 14 for "making false declarations" on the "species and harvest location" of timber it used in its wooden cabinets and vanities, DOJ announced.
CBP said in a customs ruling earlier this month that luxury goods sold between a related European exporter and U.S. importer weren't subject to restrictions on their use that barred the use of the transaction method. In addition, CBP excluded service fees between the companies from the actual price of the goods since the fees didn't pertain to the goods' importation, and the agency found that the relationship between the parties didn't preclude the use of the transaction value method to appraise the value of the goods.
The Court of International Trade on June 12 rejected customs broker Seko Customs Brokerage's motion for an expedited briefing schedule on its motion for an injunction in its suit against CBP's suspension of the company from participation in the Entry Type 86 and Customs-Trade Partnership Against Terrorism programs (Seko Customs Brokerage v. U.S., CIT # 24-00097).
The following lawsuits were filed at the Court of International Trade during the week of June 3-9:
Customs broker Seko Logistics asked the Court of International Trade on June 7 for expedited briefing in its suit against CBP's suspension of the company from Type 86 filing and the Customs-Trade Partnership Against Terrorism. Seko said greater delay in the case "deprives the requested relief of much of its value" and sets "extraordinary hardship" on the broker (Seko Customs Brokerage v. U.S., CIT # 24-00097).
The Court of International Trade on June 10 signaled that CBP's practice of not notifying companies when they become subject to interim Enforce and Protect Act investigations could give rise to a due process claim should the company sufficiently allege that it suffered "specific enough harm." However, the court found that importer Phoenix Metal failed to allege that harm with enough specificity.
The Biden administration's proposed Section 301 tariff hikes on various Chinese goods (see 2405220072) would continue to skirt World Trade Organization commitments and strip the global economy of international tribunals, which are key to curbing "persistent protectionism," said George Washington Law School professor Steve Charnovitz in comments on the proposed tariffs.
The following lawsuits were filed at the Court of International Trade during the week of May 27 - June 2:
U.S. importer Water Pik will avoid Section 301 duties on its electromechanical oral hygiene devices from China after arguing that CBP should have classified them under a different Harmonized Tariff Schedule subheading (Water Pik v. United States, CIT # 23-00083).