Following the decision by the Court of International Trade to sustain the negative injury determination by the International Trade Commission on the antidumping duty orders on ball bearings and parts thereof from Japan and the United Kingdom, the Timken Company moved to stay revocation of the orders prior to the completion of the third sunset review. However, the CIT found that Timken failed to make a sufficient case, and ordered the International Trade Administration to proceed with revocation of the two AD duty orders. (See ITT’s Online Archives or 04/25/11 news, 11042511, for summary of the ITC’s remand redetermination finding no injury to U.S. industry.) (Slip Op. 11-54, dated 05/13/11)
In a consolidated suit over the May 2005-April 2006 antidumping duty administrative review of ball bearings and parts thereof, seven Japanese producers challenged the International Trade Administration’s use of zeroing and the ITA’s methods for matching U.S. to home market sales for price comparisons. Noting that in a recent decision the Court of Appeals for the Federal Circuit ruled the ITA’s continued use of zeroing in reviews after abandoning it in investigations was unsupported by law, the Court of International Trade ordered the ITA to reconsider its use of zeroing in the ball bearings review at issue. The CIT also ordered it to reconsider three aspects of its model matching methodology in response to the Japanese producers’ arguments. (See ITT’s Online Archives or 04/04/11 news, 11040408, for BP summary of CAFC decision overturning the continued use of zeroing in AD reviews.) (Slip Op. 11-52, dated 05/05/11)
Horizon Lines, Inc. announced on April 28, 2011 that a federal court has granted a request by the Department of Justice to reduce Horizon’s fine for its role in a conspiracy to fix prices in the coastal water freight transportation industry from $45 million to $15 million.
On April 12, 2011, the Federal District Court of the District of Columbia ruled against the Office of the U.S. Trade Representative, stating that a document submitted during negotiating sessions of the Free Trade Agreement of the America's (FTAA) is not exempt from disclosure under the Freedom of Information Act (FOIA) as it would not harm U.S. national security interests.
The U.S. Attorney's Office for the Central District of California has announced that on May 9, 2011, Sok Hun Jin pleaded guilty to trafficking in counterfeit goods for importing counterfeit, Chinese-made Ab Circle Pro machines and related items into the U.S.
The U.S. Attorney's Office for the Central District of California has announced that on May 9, 2011, Il Keun and Jacqueline Oh, a husband and wife who own a Los Angeles jewelry store, and the store manager, Joon Yeop Kim, were sentenced for illegally importing and selling counterfeit designer jewelry, some of which tested positive for hazardous levels of lead.
The Justice Department has announced that on May 10, 2011, Lindsey Manufacturing Company, of California, two of its executives, Keith Lindsey and Steve Lee, and a Mexican intermediary were convicted for their alleged roles in a scheme to pay bribes to Mexican government officials at the state-owned utility company, Comisión Federal de Electricidad (CFE), in violation of the Foreign Corrupt Practices Act.
The Justice Department has announced that on May 9, 2011, GWC Valve International Inc., of California, and its chief executive officer, David Meador, were sentenced for conspiracy to export services related to industrial valves to Iran. On June 24, 2010, both GWC Valve International and Meador pleaded guilty to conspiring to violate the International Emergency Economic Powers Act (IEEPA) and the Iranian Transactions Regulations.
The U.S. Attorney's Office for the Southern District of California has announced that on April 25, 2011, Steven Stoyanoff and Michael Swedlow were sentenced to serve 15 months and 8 months in prison, respectively, for trafficking in counterfeit Microsoft software. Stoyanoff and Swedlow admitted that they wired money to China as payment for counterfeit Microsoft software and that from July 2005 to March 2009, they sold $500,000 of the counterfeit software. They sold the counterfeit software over the Internet using the company names “Wireless Now Computers” and “Whitebox Computers,” and mailed the software to customers throughout the U.S., falsely representing that the software was genuine. Stoyanoff and Swedlow were ordered to pay restitution of $590,762 to Microsoft and their Internet customers, forfeit $500,000, and pay a fine of $5,000 each.
In the February 2006 - January 2007 antidumping administrative review of certain frozen warmwater shrimp from Thailand, the International Trade Administration initially declined to grant a price adjustment to the U.S. sales of a group of Thai producer/exporters to account for what the companies claimed was a lower level of selling activities and services in the U.S. market. On a voluntary remand, however, the ITA reversed itself, and the Court of International Trade upheld the adjustment. (The Thai producers are Andaman Seafood Co., Ltd., Chanthaburi Frozen Food Co., Ltd., Chanthaburi Seafoods Co., Ltd., Phatthana Seafood Co., Ltd., Phatthana Frozen Food Co., Ltd., Thailand Fishery Cold Storage Public Co., Ltd, Thai International Seafoods Co., Ltd., and Rubicon Resources, LLC.) (Slip Op. 11-46, dated 04/26/11)