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FWS Doesn't Have to Release Importer and Exporter Names In Response to FOIA Requests, DC Circuit Says
August 21, 2019 |Penalties and Courts

The Fish and Wildlife Service may withhold the names of U.S. and foreign importers and exporters listed on wildlife import and export declarations from Freedom of Information Act requests, the District of Columbia U.S. District Court said in an Aug. 15 decision. Humane Society International had filed the FOIA request at issue, seeking import and export records from the FWS Law Enforcement Management Information System that the agency had pulled from importers’ and exporters’ Form 3-177s. FWS provided some of the information, but redacted importer and exporter names and declared values, so the Humane Society filed suit. The district court declined to rule on whether withholding declared values was justified, citing shifting precedent that had overtaken legal briefs filed in the case. But it found FWS correctly cited FOIA exemptions protecting records compiled for law enforcement purposes and information that could be expected to constitute an unwarranted invasion of personal privacy when it denied the FOIA requests with respect to importer and exporter names.

CIT Finds Downstream Products Not Covered by Corrosion-Resistant Steel AD/CV Duties
August 20, 2019 |Penalties and Courts

Downstream products like swimming pool kits are not covered by antidumping duties on corrosion-resistant steel products from China and Italy, the Court of International Trade said in an Aug. 20 decision. Rejecting a Commerce Department scope ruling issued in May 2018, CIT directed the agency to reconsider its holding that Trendium pool kits made from Chinese and Italian corrosion-resistant steel are covered by the AD duty orders.

Topics:Court of International Trade
Amazon, Vera Bradley Win Suit Involving Counterfeits Sold by Amazon Seller
August 7, 2019 |Penalties and Courts

Amazon and Vera Bradley Designs were granted damages and legal fees after the two companies sued an online seller of trademark-infringing Vera Bradley goods. The U.S. District Court for the Western District of Washington approved a motion for summary judgment in the July 31 decision after the defendant didn't respond to a complaint and summons. The suit stems from 2017 seizure notices from CBP to Vera Bradley over counterfeit shipments that listed Linda Kurth as the importer of record. After Vera Bradley told Amazon that Kurth's Amazon seller account was selling counterfeit goods, Amazon informed Kurth. Amazon subsequently ordered a bag from Kurth and confirmed it was counterfeit. "Amazon's records reflect that Kurth sold $613,818.77 dollars of Vera Bradley products before Amazon blocked her account from further sales," it said.

Section 232 Exclusion Denial Challenged at CIT
August 2, 2019 |Penalties and Courts

JSW Steel (USA) Inc. sued the Commerce Department over its denial of a Section 232 product exclusion request on July 30. The steel company said in its complaint that Commerce never sought to verify the objections to the exclusion request submitted by industry competitors. "The Department effectively abandoned the standards established by Proclamation 9705 and the Department’s own regulations, thereby depriving JSW USA of its right to due process and fair treatment," the company said. JSW USA asserts that it was and remains eligible for the exclusions and asked the Court of International Trade to order Commerce to tell CBP to refund the tariffs already paid. Alternatively, the court should remand the issue back to Commerce for proper treatment and consideration, it said.

Topics:Customs duty, Court of International Trade, Section 232 Tariffs
Federal Court Says Injunction Request to Force Forfeiture Proceedings on Seized Goods Allowable
July 31, 2019 |Penalties and Courts

An auto parts importer can continue with its effort to force CBP and the Justice Department to begin forfeiture proceedings or release car grills that were seized over trademark concerns and have been held for years, the U.S. District Court for the District of Columbia said in a July 23 decision. The court ruling is part of ongoing legal proceedings in several venues between the importer, LKQ Corporation, and the government over LKQ's claim that the company has been left unable to challenge the seizures because the proceedings haven't started. The U.S. District Court for Delaware ruled against LKQ on some issues earlier this year (see 1902250013).

Chinese Aluminum Extrusion Company, Billionaire Owner Face Criminal Charges for Pallet AD/CVD Evasion Scheme
July 31, 2019 |Penalties and Courts

A China-based aluminum extrusion manufacturer, its owner and several related companies now face criminal charges over an alleged scheme to evade $1.8 billion in antidumping and countervailing duties by disguising their shipments of aluminum extrusions as pallets, the Department of Justice said in a press release. Chinese billionaire Zhongtian Liu and several other participants in the scheme face up to 20 years in prison on each of 23 counts listed in the indictment, though none of them are currently believed to be located in the U.S., DOJ said.