The U.S. government appealed the Court of International Trade’s ruling in Atar, S.r.L. v. United States. On July 31, CIT finally affirmed, on the International Trade Administration’s third try, the ITA’s use of constructed value in calculating antidumping duties for the 2004-05 administrative review of pasta from Italy. Atar's’AD rate fell from 18.18 percent to 11.76 percent as a result. Email documents@brokerpower.com for a copy of the Court of Appeals for the Federal Circuit docketing notice.
The Court of International Trade denied without prejudice the government’s motion to amend its complaint in United States v. Active Frontier International because the government didn’t include the actual amended complaint in its motion. CIT had given the government a second chance in its Aug. 30 AFI ruling, where CBP attempted to recover penalties from AFI because of false country of origin markings. CIT said CBP didn’t demonstrate that the false statements were “material” for penalty purposes and denied the government’s penalty claim, but allowed CBP to amend its complaint to demonstrate materiality.
The Court of International Trade proposed changes to the CIT rules, as recommended by CIT’s Advisory Committee on Rules. The changes pertain to Rules 3, 5, 56, 56.2, 65, 73.2, 75, and 81; Forms 5, 11, 14 (new) and 18A (new); Specific Instructions for Forms 11, 14 (new) and 18A (new); Administrative Order 02-01; the Appendix on Access to Business Proprietary Information Pursuant to Rule 73.2(c); and the Standard Chambers Procedures, including new Forms SCP 1, SCP 2, SCP 3 and SCP 4. Comments are due by Nov. 2.
Industrial supply company W. W. Grainger of Illinois agreed to pay a civil penalty of $12,000 to settle charges that it violated the Bureau of Industry and Security antiboycott regulations. Grainger failed to timely report 12 requests to engage in a boycott, BIS said.
PhibroChem will pay $31,000 to settle alleged violations of the Export Administration Regulations, according to an agreement with the Bureau of Industry and Security. In 2008, PhibroChem exported sodium fluoride to Mexico without a license, BIS said, but knew that it needed BIS authorization. As part of the settlement, PhibroChem neither admitted nor denied its guilt.
A supervisory CBP officer pleaded guilty Sept. 28 to impersonating a Customs attaché and making false statements related to his assignment with the CBP preclearance office in Dublin, Ireland, the Department of Justice said. Roger J. Kiley, 42, of Miami, faces up to three years in prison, a $250,000 fine and a year of supervised release for the charge of false personation. He faces five years in prison, a $250,000 fine and three years of supervised release for the false statement charge. Kiley is also responsible for restitution in the amount of $2,500.
A Florida man faces federal charges for operating an illicit pharmaceutical scheme out of his home that imported and sold more than $7 million of unapproved and misbranded oncology drugs at a substantial discount to doctors in the U.S. through a San Diego pharmacy, said Immigrations and Customs Enforcement. Martin Paul Bean III, 62, of Boca Raton, Fla., was arraigned Friday on a 35-count federal indictment for conspiracy to import unapproved, misbranded oncology drugs from foreign countries, including Turkey, Pakistan and India. According to court documents, from 2005 to 2011, the drugs were shipped in bulk to GlobalRXStore in San Diego and distributed to doctors throughout the U.S.
Nucor Corporation appealed a Court of International Trade ruling affirming the International Trade Administration’s final negative determinations in three sunset reviews of antidumping and countervailing duty orders on hot-rolled flat-rolled carbon-quality steel products from Brazil and Japan. The determinations resulted in revocation of the antidumping and countervailing duty suspension agreements for Brazil (A-351-828 / C-351-829) and the AD order for Japan (A-588-846). Nucor was plaintiff-intervenor in the case.
Muscle Gauge Nutrition will pay $45,000 in civil penalties, and its co-owner $22,000, to settle charges by the Bureau of Industry and Security that it violated the Export Administration Regulations by attempting to export to Iran without the required authorization. If the company or its co-owner fails to pay any of the three installments on time, additional penalties will be added, interest will accrue, and their export privileges will be denied for one year.
Netherlands freight forwarder Cargo-Partner Network, B.V. will pay a civil penalty totaling $98,000 for violations of the Export Administration Regulations as part of a settlement with the Bureau of Industry and Security. Its New York-based affiliate will also have to perform a compliance audit. CPN is accused of causing, aiding or abetting the unlicensed export of items to Iran; and acting contrary to the terms of a temporary denial order.