The U.S. Court of Appeals for the Federal Circuit during oral argument on Sept. 3 strongly questioned the U.S. in a customs case on whether cookware imports from Meyer Corp. qualify for first sale treatment. Judges Sharon Prost, Todd Hughes and Tiffany Cunningham questioned the government's defense of the Court of International Trade's decision to deny Meyer first sale valuation seemingly based on an adverse inference drawn against the company for its failure to submit its parent company's financial information (Meyer Corp. v. United States, Fed. Cir. # 23-1570).
California man Mohamad Yassin Alcharihi was sentenced on Aug. 29 to three months in prison for illegally importing an "ancient floor mosaic from Syria depicting the Roman demigod Hercules," the U.S. Attorney's Office for the Central District of California announced. Alcharihi was found guilty in June 2023 after a five-day trial of one count of entry of falsely classified imports.
The Court of International Trade on Aug. 28 denied both the government's and importer HyAxiom's motions for judgment in a customs classification case on PC50 supermodules, which are a part of a stationary hydrogen fuel cell generator known as the PureCell Model 400. Judge Timothy Stanceu said a factual determination is needed on whether the PC50's "principal function" is gas generation.
Mississippi seafoods wholesaler Quality Poultry and Seafood Inc. and two of its managers pleaded guilty on Aug. 27 to conspiring to mislabel frozen imported goods as their more expensive and premium local counterparts, DOJ announced. The company agreed to pay $1 million in forfeitures and a $150,000 criminal fine, while sales manager Todd Rosetti and business manager James Gunkel copped to "misbranding seafood to facilitate" the company's fraud, DOJ said.
The U.S. told the Court of International Trade on Aug. 23 that exporter Hoshine Silicon (Jia Xing) Industry Co. doesn't have statutory or constitutional standing to challenge CBP's denial of the company's request to remove it from a withhold release order (WRO) on silica-based products made by its parent company Hoshine Silicon and its subsidiaries (Hoshine Silicon (Jia Xing) Industry Co. v. United States, CIT # 24-00048).
A plaintiff representing a consumer advocacy group Aug. 16 filed a complaint against the company that sells products under the brand names Oreo, Toblerone and Cadbury chocolate for its use of child labor and poor environmental standards (Tim Gollogly v. Mondelez International, N.D. Ill. # 24-07368).
Conservation groups Sea Shepherd New Zealand and Sea Shepherd Conservation Society voluntarily dismissed their lawsuit seeking an import ban on fish from New Zealand's West Coast North Island inshore trawl and set net fisheries under the Marine Mammal Protection Act (Sea Shepherd New Zealand v. U.S., CIT # 20-00112).
The following lawsuits were filed at the Court of International Trade during the week of Aug. 12-18:
The U.S. acknowledged on Aug. 16 that CBP mistakenly liquidated certain tire entries subject to an injunction from the Court of International Trade. Filing a status report, the government said the Commerce Department "took corrective action," telling CBP to "promptly return to unliquidated status any entries that had been inadvertently liquidated in violation of the Court’s order" (Titan Tire Corp. v. United States, CIT # 23-00233).
The following lawsuits were filed at the Court of International Trade during the week of Aug. 5-11: