The following lawsuits were filed at the Court of International Trade during the week of Feb. 19-25:
The Court of International Trade on Feb. 26 issued an amended decision in a customs case on the tariff classification of five categories of chrome-plated plastic automobile parts after initially deciding the case Dec. 18. The new decision adds a discussion of axle covers, the fifth category of goods, finding them to fall under Harmonized Tariff Schedule heading 8708 pursuant to General Rule of Interpretation 1.
Mohamed Daoud Ghacham, executive at California-based clothing wholesale company Ghacham Inc., was sentenced to 48 months in prison for undervaluing garment imports to avoid paying customs duties, the U.S. Attorney's Office for the Central District of California announced Feb. 23. In addition, the Bell, California, resident will pay close to $6.4 million in restitution after pleading guilty in December 2022 to conspiracy to "pass false and fraudulent papers through a customhouse."
The U.S. District Court for the District of Alaska on Feb. 8 approved a settlement between shipping companies Kloosterboer International Forwarding and Alaska Reefer Management and CBP and DOJ in the companies' suit against Jones Act penalties levied against them. The settlement's terms will see KIF and ARM pay $9.5 million, much less than the over $400 million sought by CBP for the Jones Act violations (Kloosterboer International Forwarding v. U.S., D. Alaska # 3:21-00198).
The following lawsuits were filed at the Court of International Trade during the week of Feb. 12-18:
Exporter Hoshine Silicon (Jia Xing) Industry Co. filed a lawsuit at the Court of International Trade to contest a withhold release order on the company and CBP's rejection of the exporter's petition to be removed from the WRO. The company, which goes by Jiaxing Hoshine, said the WRO has done "significant and irreparable damage" to its business and reputation and that CBP has skirted the law by failing to disclose the evidence it used in issuing the WRO (Hoshine Silicon (Jia Xing) Industry Co. v. U.S., CIT # 24-00048).
Georgia woman Skeeter-Jo Stoute-Francois filed suit at the Court of International Trade Feb. 16 to contest six questions on the October 2021 customs broker license exam. In her complaint, Stoute-Francois said that after appealing the test results to the Treasury Department, she was left just short of the 75% grade needed to pass the test, failing at 73.75% (Skeeter-Jo Stoute-Francois v. U.S., CIT # 24-00046).
The following lawsuits were filed at the Court of International Trade during the week of Feb. 5-11:
A Florida husband and wife were each sentenced to 57 months in prison on Feb. 14 for illegally avoiding customs duties and violating the Lacey Act on between $25 million and $65 million worth of plywood products, DOJ announced. Noel and Kelsy Hernandez Quintana also were ordered to pay, "jointly and severally, $42,417,318.50 in forfeitures, as well as $1,630,324.46 in storage costs incurred by the government" after the couple "declined to abandon" the plywood seized by the government, DOJ said.
The Court of International Trade on Feb. 15 said companies that submit requests for administrative review in antidumping and countervailing duty proceedings can intervene as a matter of right at the Court of International Trade.