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TCT Mobile Seeks Recovery of China Tariffs in 2 Dozen Import Categories
February 16, 2021 |Penalties and Courts

TCL Communication Technology Holdings’ North American smartphone subsidiary became one of the largest importers to join the massive Section 301 litigation when it filed a complaint Feb. 12 in the Court of International Trade. Like the roughly 3,500 other lawsuits inundating the court, TCT Mobile (US) seeks to get the lists 3 and 4A tariffs on Chinese goods vacated and the duties refunded with interest. TCT's claims “accrued with each and every entry of products” with List 3 or List 4A tariff exposure, the company said. The “instant action” was filed within two years of the date that TCT paid the lists 3 and 4A duties, it said, satisfying the court’s two-year statute of limitations on the timeliness of complaints.

Topics:Customs duty
CIT Issues Default Judgment, Orders Importer to Pay $1.1 Million in Unpaid Duties
February 16, 2021 by Jacob Kopnick|Penalties and Courts

Importer E.G. Plastics failed to pay antidumping duties on 25 entries of polyethylene retail carrier bags and now must pay $1.1 million plus pre-judgment interest. Court of International Trade Judge Gary Katzmann issued a default judgment against E.G. Plastics after the company failed to defend itself in court against allegations that it failed to pay the duties on bags imported between 2008 and 2009. “Because E.G. Plastics failed to protest the liquidations of the entries at issue and E.G. Plastics failed to appear, plead, or otherwise defend itself in this action, the court grants the Government’s motion for default judgment,” the decision said.

Topics:Customs duty, Court of International Trade
Importer Denied Right to Appeal in Antidumping Case
February 16, 2021 by Jacob Kopnick|Penalties and Courts

Target Corporation was denied the chance to appeal a Court of International Trade decision on the antidumping duty rate for ironing tables from China that the retailer imports. In a Feb. 16 decision, the U.S. Court of Appeals for the Federal Circuit said that the company has no right to appeal because it wasn't part of the original case and that it is not appealing CIT's original decision to deny Target the right to intervene in the original case.

Topics:Court of International Trade
US Negotiates Return of Two Stolen Thai Religious Relics From San Francisco
February 12, 2021 |Penalties and Courts

The Department of Justice and the City and County of San Francisco reached a settlement allowing the U.S. to return two Thai lintels to their country of origin. The Feb. 10 settlement, announced in a news release, resolved ongoing litigation between San Francisco and the U.S. that began in October 2020 when the consul general of the Thai consulate in Los Angeles saw the religious relics at the San Francisco Asian Art Museum and inquired about their origin (see 2010280020). It is believed the lintels were exported from Thailand more than 50 years ago in violation of Thai law and were subsequently donated to San Francisco, where they remained on display at the museum. The lintels will be returned to Thailand under DOJ's victim remission program and placed on exhibition in Thailand, the release said.

CIT Sets First Defense Deadline, Establishes 'Master Case' in Section 301 Litigation
February 10, 2021 by Jacob Kopnick|Penalties and Courts

The Court of International Trade will use a “master case” to reduce the time and expense of duplicate filings in the more than 3,700 lawsuits against President Donald Trump's lists 3 and 4A Section 301 China tariffs, CIT Judge Mark Barnett said in a Feb. 10 order. Barnett also gave the government defense until March 12, 2021, to submit its first defense, barring no motions to extend time to file. These procedural steps pertain to the copious number of Section 301 cases that were assigned to a three-panel judge at CIT on Feb. 5 (see 2102050008).

Topics:Court of International Trade
CIT Rules Commerce Did Not Aid Small Exporters Enough in Antidumping Review
February 3, 2021 by Jacob Kopnick|Penalties and Courts

The Commerce Department did not provide enough assistance to three exporters of Indian shrimp as required by law during antidumping duty administrative reviews, the Court of International Trade said in a Jan. 3 decision. During a review of frozen warmwater shrimp from India, Indian exporters Calcutta Seafoods, Bay Seafood and Elque & Co. were not granted sufficient help after requesting it from the Commerce, CIT said, ordering Commerce to reconsider the antidumping rates it placed on the three companies' shrimp imports, with specific instructions to reopen the administrative review to further help the importers provide adequate information for the review.

Topics:Customs duty, Court of International Trade