The Court of International Trade reconsidered its previous affirmance of the International Trade Administration’s use of zeroing methodology in the final results of the 2006-07 antidumping administrative review of certain corrosion-resistant carbon steel flat products from Korea (A-580-816), and ordered the ITA to submit a second remand redetermination to address the issue of zeroing.
The U.S. Justice Department said it intervened in a lawsuit against Japanese company, Toyo Ink Manufacturing Co. Ltd., that is accused of misrepresenting the country of origin on documents presented to U.S. Customs and Border Protection to avoid paying antidumping and countervailing duties on imports of the colorant carbazole violet pigment number 23 (CVP-23).
In a challenge of U.S. Customs and Border Protection’s Harmonized Tariff Schedule (HTS) classification of “boots [that] can be pulled on with the hands, and that…extend above the ankle” as "slip-on footwear," brought by plaintiff Deckers Outdoor Corp., the Court of International Trade ruled in favor of CBP. CBP originally classified the entries under HTS No. 6404.19.35, which includes “[non-sports] footwear [with outer soles of rubber or plastics] of the slip-on type, that is held to the foot without the use of laces or buckles or other fasteners,” dutiable at 37.5% ad valorem.
Two Israeli citizens pleaded guilty and were sentenced for smuggling counterfeit and misbranded pharmaceuticals into the U.S., including the erectile dysfunction drug marketed as Cialis, according to Immigration and Customs Enforcement.
Two Baltimore warehouse owners pleaded guilty to conspiring to transport stolen nickel briquettes stored next to their warehouse, which had been imported through the Port of Baltimore, following an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI). Gregg Lee Purbaugh, 50, of Baltimore, pleaded guilty Monday and his business partner, Kenneth Trainum, 44, also of Baltimore, pleaded guilty April 20. Purbaugh and Trainum, owners of Bear Creek Warehouse Company, each face a maximum penalty of five years in prison.
The Court of International Trade dismissed another action brought by a domestic producer challenging the distribution of funds under the Continued Dumping and Subsidy Offset Act of 2000 (CDSOA) (aka the Byrd Amendment) with regard to the antidumping duty orders on certain polyester staple fiber from Korea (A-580-839) and Taiwan (A-583-833).
The Court of International Trade granted the U.S. Trade Representative’s motion to dismiss a challenge to the 2006 Softwood Lumber Agreement’s provision to distribute $500 million solely to members of the Coalition for Fair Lumber Imports (CFLI). The action was brought by non-CFLI members of the domestic softwood lumber industry.
An antiquities dealer pleaded guilty to smuggling Egyptian cultural property into the U.S. and making a false statement to law enforcement authorities, said Immigrations and Customs Enforcement.
Two Chinese nationals were charged in a 46-count superseding indictment for a variety of charges including software piracy and illegally exporting technology to China, reports Immigrations and Customs Enforcement. The indictment charges that between April 2008 and June 2011, Xiang Li distributed over 500 pirated copyrighted works to at least 325 purchasers located in Delaware, at least 27 other states and over 60 foreign countries. More than one-third of the purchases were made by individuals within the U.S.
Whether copyrighted works obtained legally abroad can be imported into the U.S. without their owners' "authority" will be judged by the Supreme Court, which granted cert Monday to Kirtsaeng v. John Wiley & Sons. The 2nd, 3rd and 9th U.S. circuit courts of appeal have issued varying opinions on the relationship between Copyright Act Section 602(a)(1), which requires owner authority for import, and the first-sale doctrine codified in Section 109(a), which allows resale of copies "lawfully made" without an owner's permission (See ITT Online Archives [Ref. 12041667]). The Supreme Court failed to decide the same question in a 2010 case, Costco v. Omega, concerning the resale of imported foreign watches, deadlocking 4-4 without the participation of Justice Elena Kagan, who had taken part in the case as U.S. solicitor general.