The following lawsuits were filed at the Court of International Trade during the weeks of April 10-16 and 17-23.
Fabian Humberto Tovar Caicedo, a former Colombian Army intelligence officer, was sentenced to 12 years in prison for his role in a conspiracy to distribute cocaine for import into the U.S. Tovar Caicedo offered certain "corrupt services" to a drug trafficking organization, including the provision of police in Colombia's Port of Santa Marta that that were willing to "facilitate the export of cocaine in exchange for payment," DOJ said April 25.
The U.S. Court of Appeals for the Federal Circuit upheld CBP's decision not to grant credit to customs broker license exam test taker Byungmin Chae of Elkhorn, Nebraska, for two questions on the April 2018 exam. Judges Pauline Newman, Sharon Prost and Todd Hughes granted Chae credit for one of three questions he challenged, but that was insufficient to bring him up to the 75% threshold needed to pass the test.
Importer SXP Schulz Xtruded Products needed a protest to properly challenge CBP's failure to apply a Section 232 duty exclusion on four entries of its steel forged and turned bars, the Court of International Trade ruled. Dismissing the case for lack of subject matter jurisdiction, Judge Jennifer Choe-Groves held that SXP could have filed for an extension of liquidation while it was waiting for the Commerce Department to correct the erroneous exclusion it issued or simply have filed a protest, which would have queued up jurisdiction under Section 1581(a).
A recent False Claims Act case brought over unpaid marking duties on imports of Mifeprex, the active ingredient for the abortion pill mifepristone, was filed by the Life Legal Defense Foundation in a bid to "take some gold out of Egypt," the foundation's lawyer Catherine Short told Trade Law Daily. "This company is making drugs that kill babies, and we were able to cut away some of their profit from that," Short said.
Danco Laboratories, a New York-based pharmaceutical distributor, will pay $765,000 to settle allegations it violated the False Claims Act by failing to pay marking duties on its imports of Mifeprex, the active ingredient for the abortion pill mifepristone, that lacked country of origin markings, DOJ announced April 12.
The U.S. Attorney's Office for the Southern District of New York charged 10 individuals linked to a "massive scheme" to defraud cargo line Polar Air Cargo Worldwide of tens of millions of dollars in revenue. Nine of the individuals were arrested April 12; one remains at large. Some of the individuals served as executives at Polar while others worked as vendors doing business with the company.
The Court of International Trade is considering asking certain plaintiffs in the massive Section 301 litigation how they would like to proceed with claims that are distinct from the ones already decided by the trade court. Speaking at an April 11 status conference with the government and representatives of the 15-member steering committee for the plaintiffs, Judge Mark Barnett asked if the court should ask those plaintiffs whether or not they want to continue to litigate the distinct claims, and if the claims move forward, whether there is any reason to wait to resolve them (In Re Section 301 Cases, CIT # 21-00052).
The following lawsuits were filed at the Court of International Trade during the week of April 3-9.
The Court of International Trade on April 11 dismissed without prejudice a suit from Environment One Corp. seeking to impose a Section 301 exclusion on 31 entries, for failing to state a claim on which relief can be granted. While Judge Mark Barnett ruled against the government's motion to dismiss the case pertaining to 23 of the entries for lack of jurisdiction, the judge ultimately granted the U.S. motion to dismiss the case since the plaintiff failed to include key information about the merchandise at issue in the case's amended complaint. Barnett gave Environment One 10 days to file a second amended complaint lest the case be dismissed with prejudice.