The Court of International Trade on June 14 granted importer Maple Leaf Marketing's bid to redesignate the U.S.'s counterclaim as a defense in a customs spat on the classification of boronized steel tubing. Dismissing Maple Leaf's bid to dismiss as moot, Judge Claire Kelly cited the court's Cyber Power Systems (USA) v. U.S. decision to find that nowhere in Congress' scheme on the classification of goods does the legislative body explicitly let the U.S. "assert a counterclaim challenging CBP's classification."
Canadian company FeelGood Natural Health Stores pleaded guilty to violating the Lacey Act by exporting and selling harp seal oil capsules in violation of the Marine Mammal Protection Act, the DOJ announced. The company faces a maximum fine of $500,000 and five years' probation. However, as part of the plea deal, the U.S. and FeelGood recommended a $20,000 fine and three years' probation during which the firm "must create and implement a compliance plan, train its employees, obtain any necessary licenses, and cooperate fully with the government."
Three conservation groups moved to dismiss their suit at the Court of International Trade seeking to compel the Interior Department to decide whether Mexico is engaging in illegal trade and fishing of endangered wildlife. The groups ditched the suit after Interior determined Mexican nationals are violating the Convention on International Trade in Endangered Species of Wild Fauna and Flora, which could lead to a ban on imports of Mexican wildlife (Center for Biological Diversity, et al. v. United States, CIT # 22-00339).
The following lawsuits were filed at the Court of International Trade during the weeks of May 15-21 and 22-28:
Two ocean carriers recently paid a combined total of $2.65 million in civil penalties, the Federal Maritime Commission announced May 18. The penalties, assessed to Ocean Network Express Ptd. Ltd. (ONE) and Wan Hai Lines, Ltd., were paid to “resolve allegations of misconduct," the FMC said.
The following lawsuits were filed at the Court of International Trade during the week of May 8-14:
The following lawsuits were filed at the Court of International Trade during the week of May 1-7:
A federal grand jury in Puerto Rico indicted Chinese national Shuyi Mo on April 26 for fraud by wire and conspiracy to commit offense to defraud the U.S., CBP announced on May 4. Mo is the manager of a China-based supplier, Neviews Development Co. Ltd. According to the news release, Neviews conspired with a U.S. importer in Puerto Rico to "transship procelan mosaic tiles from China through Malaysia to circumvent antidumping and countervailing duties of approximately 718%," the release said. This scheme led to a revenue loss of approximately $1.1 million for the U.S. government, CBP said.
The following lawsuits were filed at the Court of International Trade during the week of April 24-30.
The U.S. District Court for the District of Maryland dismissed a suit from fireworks importer Jake's Fireworks concerning the Consumer Product Safety Commission's determination that the company's "Excalibur" line of fireworks constitutes a banned hazardous substance under the Federal Hazardous Substances Act. Judge Theodore Chuang said the CPSC's notices of noncompliance do not amount to final agency action, depriving Jake's Fireworks of the right to challenge the notices as having violated the Administrative Procedure Act (Jake's Fireworks v. U.S. Consumer Product Safety Commission, D. Md. 2023)