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Duracell Sues Missouri Importer of Gray Market Batteries
May 3, 2017 |Penalties and Courts

Duracell filed a lawsuit on April 27 accusing JRS Ventures of trademark infringement and unfair competition related to its imports of gray market Duracell batteries, according to a complaint filed in Northern Illinois U.S. District Court. Duracell says JRS Ventures has been importing batteries manufactured in China and marked as for original equipment use only. The batteries are intended to be sold to other manufacturers for direct incorporation into their products, and not for importation into the U.S. and sale to consumers, Duracell said. The packaging on the batteries lacks information for consumers, including Duracell’s guarantee and customer service number, it said. Duracell’s demand to stop selling the batteries was rejected by JRS Ventures, the complaint said. Duracell seeks an injunction against JRS Ventures, as well as damages.

Importer Settles With DOJ in Dorm Furniture Case
May 2, 2017 |Penalties and Courts

Import Merchandising Concepts and two company employees will pay $275,000 to "resolve allegations that the company improperly evaded customs duties on imports of wooden bedroom furniture" from China, the Justice Department said in a May 1 news release (here). The employees, Glen Michaels and Alan Lewis, were alleged to have misclassified imported furniture between 2009 and 2014 as non-bedroom furniture to evade a 216% antidumping duty, the DOJ said. “Those who import and sell foreign-made goods in the United States must comply with the law, including laws intended to protect domestic companies and American workers from unfair foreign competition,” said Acting Assistant Attorney General-DOJ Civil Division Chad Readler. “This settlement reflects the Department of Justice’s commitment to pursue those who seek to evade import duties owed on goods manufactured abroad thereby gaining an unfair advantage in U.S. markets.” The settlement marks one of several involving dormitory furniture (see 1610010008). "The claims resolved by this settlement are allegations only; there has been no determination of liability," the DOJ release says.

ZTE Enters Guilty Plea in Case Involving Dual-Use Telecom Shipments to Iran
March 23, 2017 |Penalties and Courts

ZTE Corporation on March 22 pleaded guilty to one count each of conspiring the violate the International Emergency Economic Powers Act through illegally shipping U.S.-origin items to Iran, as well as obstruction of justice and making a material false statement, the Justice Department announced (here). The Chinese multinational company agreed to plead guilty to the alleged violations, pay $430.5 million in fines and criminal forfeitures, and to serve three years of corporate probation, during which an independent compliance monitor will review and report on ZTE’s export compliance program, DOJ announced earlier this month (see 1703080010). DOJ’s announcement cited plea documents that showed ZTE either directly or indirectly through a third party shipped about $32 million worth of dual-use U.S.-origin wireless and wireline infrastructure hardware to customers in Iran between January 2010 and January 2016.