The Court of International Trade has ruled that Ford Motor Company can continue its lawsuit claiming that CBP does not have the authority to reopen 17 drawback entries from 1996-1998 that were "deemed liquidated" one year after they were filed. CBP had wanted the court to dismiss Ford's case, stating that it had the authority to review and then "affirmatively liquidate" them.
The Court of International Trade has ruled in The Container Store v. U.S., that the elfa® system of top tracks and hanging standards is classifiable as duty-free unit furniture under heading 9403, and not as other mountings for furniture in heading 8302. Using reasoning from a recent Appeals Court decision, the CIT explained that because the elfa® is designed to be hung, it falls within an exception that includes it in the heading 9403 definition of furniture, and because of its versatility, it is qualified to be considered 9403 unit furniture.
The Treasury Department's Office of Foreign Assets Control has assessed a penalty of $7,000 on Zurigo Trading Inc. for violating the Iranian Transactions Regulations by attempting to export goods to Iran on behalf of its foreign customer.
The Court of International Trade has ruled in a test case, Firstrax, Div. of United Pet Group, Inc., v. U.S., that certain soft crates for pets are classifiable as made up (textile) articles in heading 6307 and not as cases in heading 4202 as classified by Customs. The CIT explained that the soft crates did not meet the four essential characteristics of the goods listed in heading 4202; they did not (1) organize, (2) store, (3) protect, and (4) carry various items.
The Justice Department has announced that GEM Manufacturing LLC of the U.S. Virgin Islands, a manufacturer of high-end jewelry, art, and sculpture items, was sentenced to pay a criminal fine of $1.8 million for knowingly trading in falsely-labeled, protected black coral that was shipped into the U.S. in violation of the Endangered Species Act and the Lacey Act. When combined with another fine for community service work and forfeiture of items worth $2.17 million, the aggregate financial penalty of $4.47 million makes this the largest for the illegal trade in coral, the largest non-seafood wildlife trafficking financial penalty and the fourth largest for any U.S. case involving the illegal trade of wildlife.
The Court of International Trade has denied BASF Corp.'s motion for summary judgment in a case concerning the classification of Betavits, mixtures containing synthetic beta-carotene. The CIT states that there are genuine issues of material facts as to whether such mixtures belong to the class of goods principally used as coloring matter, as argued by BASF, or provitamins, as classified by Customs.
U.S. Immigration and Customs Enforcement has announced that the U.S. government has filed two civil forfeiture complaints against approximately $70.8 million in real and personal property from Teodoro Nguema Obiang Mangue, a government minister for Equatorial Guinea. He allegedly acquired criminal proceeds through corruption and money laundering, in violation of both Equatoguinean and U.S. law.
The Justice Department has announced that Michael Todd, president of The Parts Guys LLC in Florida, has been sentenced to 46 months in prison, a $10,000 fine and was ordered to forfeit $160,362 in connection with his efforts to illegally export military components for fighter jets and attack helicopters from the U.S. to Iran.
U.S. Immigration and Customs Enforcement has announced that Stephanie McCloskey, an administrator for VisionTech Components, LLC, has been sentenced to 38 months in prison for her role in a scheme in which she and others imported counterfeit integrated circuits from China and Hong Kong and sold them to the U.S. Navy, defense contractors and others, marketing some of the products as "military-grade."
The Justice Department has announced that five individuals and four of their companies have been indicted as part of a conspiracy to defraud the U.S. that allegedly caused thousands of radio frequency modules to be illegally exported from the U.S. to Iran. At least 16 of those items were later found in unexploded improvised explosive devices (IEDs) in Iraq. Some defendants are also charged in a conspiracy involving exports of military antennas to Singapore and Hong Kong.