9th Circuit Stays FCA Case Over Antidumping Duties on Pipe Fittings
The U.S. Court of Appeals for the 9th Circuit temporarily suspended a False Claims Act case over whether Sigma Corp. and other companies failed to pay antidumping duties on pipe fitting imports. The court ordered the case "held in abeyance" because of pending cases before the U.S. Court of Appeals for the Federal Circuit and the U.S. Supreme Court.
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The Federal Circuit case, Vandewater International v. United States, concerns whether certain steel branch outlets are within the scope of an AD order on butt-weld pipe fittings, while the Supreme Court case, United States ex rel. Schutte v. SuperValu Inc., is a FCA matter on whether SuperValu and Safeway overcharged the government for prescription drugs. The 9th Circuit case has garnered attention for potentially settling the question of whether customs-related FCA cases belong at the Court of International Trade (see 2302280067) (Island Industries v. United States, 9th Cir. # 22-55063).