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Chinese Printer Cartridge Exporter Challenges Its Addition to UFLPA Entity List
August 23, 2023 by Jacob Kopnick|Penalties and Courts

The Forced Labor Enforcement Task Force (FLETF) violated the Administrative Procedure Act by failing to provide any rationale for adding Chinese printer cartridge manufacturer Ninestar Corp., along with eight of its Zhuhai-based subsidiaries, to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List, the companies, led by Ninestar, argued (Ninestar Corp., et al. v. U.S., CIT # 23-00182).

Topics:Customs duty, Court of International Trade, Uyghur Forced Labor Prevention Act (UFLPA), Forced Labor
Alston & Bird, Wipes Importer Agree to Resolve Malpractice Suit Related to Labeling Advice
August 21, 2023 by Jacob Kopnick|Penalties and Courts

Law firm Alston & Bird agreed to resolve a dispute with Ohio-based Mark One Wipes regarding the company's claims that the firm gave it negligent legal advice related to the labeling of hand-sanitizing wipes imports. Mark One launched its suit in February 2022, claiming that the faulty advice led to injury, including the costs of making, shipping and storing a "useless product," reputational harm and lost profits.

Lawyers Say CAFC's Royal Brush Ruling Could Apply to Forced Labor Proceedings
July 31, 2023 by Jacob Kopnick|Penalties and Courts

The U.S. Court of Appeals for the Federal Circuit's recent ruling in Royal Brush Manufacturing v. U.S., which found that CBP violated importer Royal Brush's due process rights by not giving it access to business confidential information in an antidumping and countervailing duty evasion proceeding, "may have broader implications," including on forced labor issues, customs lawyer Lawrence Friedman said in a July 28 blog post. If the decision "applies generally, it may require that" CBP make its record fully available, including BCI, which would be an "interesting unintended consequence" of this Enforce and Protect Act case, Friedman said.

Topics:Uyghur Forced Labor Prevention Act (UFLPA), Forced Labor
Furniture Importer to Pay Over $217K for Violating False Claims Act
July 26, 2023 by Jacob Kopnick|Penalties and Courts

New Hampshire-based furniture seller Yogibo will pay $217,832 to settle charges it violated the False Claims Act by "failing to pay customs duties on imports from China," the U.S. Attorney's Office for the District of Massachusetts announced July 26. The case was brought by David Kohlenberger, a whistleblower and former senior logistics and warehouse manager for Yogibo from 2017 to 2021, who will receive 20% of the settlement.