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Trade Court Judge Denies Judgment Motions in Defective Plywood Case
March 21, 2023 by Ben Perkins|Penalties and Courts

Two separate motions for summary judgment in a case involving allegedly defective plywood were shot down by Court of International Trade Judge Jennifer Choe-Groves in a March 20 opinion. Choe-Groves found that Bral had not sufficiently made a case under the customs regulations that all its imported plywood was defective and should have been appraised at a lower value, but neither had DOJ proven otherwise.

Topics:Court of International Trade
CIT Tosses Case Over Denied CBP Protests for Lack of Jurisdiction Under 1581(i)
March 16, 2023 by Jacob Kopnick|Penalties and Courts

The Court of International Trade doesn’t have jurisdiction to hear a case involving a textile company’s dispute with CBP, saying the company sought relief under the wrong statute, Judge Timothy Stanceu held in a March 10 opinion. The trade court found Printing Textiles, doing business as Berger Textiles, didn’t show why the denied protest challenge should be filed under Section 1581(i), the court's "residual" jurisdiction, and not Section 1581(a). Berger filed a notice of appeal the next business day.

Topics:Customs duty, Court of International Trade
Meyer's First Sale Case Is a 'Cautionary Tale,' Customs Lawyer Says
February 15, 2023 |Penalties and Courts

The Court of International Trade's recent decision against the use of first sale valuation for Meyer Corp.'s cookware imports "is a cautionary tale" for importers, customs attorney Lawrence Friedman, partner at Barnes Richardson, wrote in a Feb. 15 blog post. In instances in which parties involved in a potential first-sale transaction are related, such as Meyer's, Friedman said that CBP will "take a very detailed look into the whole series of transactions" and that the importer should expect to show that each tier is a bona fide sale for export to the U.S.