On August 15, 2011, U.S. Immigration and Customs Enforcement announced that Jacinda Jones, of Michigan, has been sentenced to two years in prison for selling $441,035 worth of counterfeit computer software after an investigation by the IPR Center. According to court documents, Jones sold more than 7,000 copies of pirated business software at discounted prices through the website cheapdl.com. The software had a retail value of more than $2 million and was owned by several companies, including Microsoft, Adobe, Intuit and Symantec.
The Court of Appeals for the Federal Circuit has reversed and remanded1 a Court of International Trade decision that had barred a surety from suing on a claim that arose after the protest period expired. The litigant, Hartford Fire Insurance Company, claimed that CBP's failure to disclose certain criminal information about its client, an importer of crawfish from China, made its bond voidable at Hartford’s election.
Following the first AD administrative review of certain lined paper products from India, Indonesia, and China, for the period April 17, 2006 through August 31, 2007, the Court of International Trade agreed with domestic producers that the International Trade Administration had failed to articulate a rational connection between the record evidence and its selection of a single Indian company for surrogate financial ratios.
In the May 2007 - April 2008 AD administrative review of pure magnesium from China, the International Trade Administration found documents provided by a supplier to the sole respondent, Tianjin Magnesium International Co., Ltd., had been doctored, and gave Tianjin an adverse facts available rate of 111.73%.
In the December 2007 - November 2008 AD administrative review of carbazole violet pigment 23 from China, the International Trade Administration used a surrogate value for nitric acid of 35.08 Indian rupees per kilogram from a public Indian government source it had rejected in a prior review because it included aberrational high import values.
In the February 2008 - January 2009 AD administrative review of certain frozen warmwater shrimp from India, the International Trade Administration chose to include in the selling expenses of Indian producer Liberty Group/Liberty Frozen Foods Pvt., Ltd. the full amount of a bad debt the company wrote off during the period of review, although the period included only half the firm’s fiscal year.
Chinese producers challenged the International Trade Administration’s surrogate country selections in the latest (fifth) remand redetermination results in litigation over the appropriate method for calculating wage rates in non-market economies, initiated following the antidumping duty investigation of wooden bedroom furniture from China. The plaintiffs suggested an alternative set of countries, to include Egypt, but the CIT found the agency’s approach was reasonable.
Following the May 2008 - April 2009 AD administrative review of ball bearings from France, Germany, Italy, Japan, & the U.K., the Court of International Trade refused to dismiss a challenge to two controversial agency practices brought by SKF France S.A. and affiliates. SKF’s complaint cited the International Trade Administration's practice of issuing liquidation instructions 15 days after publishing final results and its practice of zeroing (excluding the value of non-dumped transactions in the dumping margin calculation).
On August 5, 2011, the Justice Department announced that two defendants, Shaoxiong Zhou and Shaoxia Huang, both from China, have pleaded guilty to trafficking in counterfeit perfume. In their guilty pleas, Zhou and Huang admitted offering to supply counterfeit perfume to prospective buyers at a Las Vegas trade show in August 2010. A cargo shipment containing counterfeit perfumes was purchased and shipped to the U.S. in 2011. That shipment, which was seized by U.S. Customs and Border Protection upon arrival in the U.S., was found to contain more than 30,000 units of perfume bearing counterfeit marks and made to resemble fragrance products from several well-known brands, including Lacoste, Polo Black and Armani Code.
On August 5, 2011, the Justice Department announced that Joel Esquenazi and Carlos Rodriguez, former executives of Terra Telecommunications Corp., have been convicted for their roles in a scheme to pay bribes to Haitian government officials at a state-owned telecommunications company, in violation of the Foreign Corrupt Practices Act.