The misclassification of 543 entries of metal lids was simple negligence, not a fraudulent scheme, importer Crown Cork & Seal said in its motion to dismiss parts of an amended government complaint. The motion asks the court to dismiss counts of fraud and gross negligence, leaving only the negligence count (United States v. Crown Cork & Seal, USA, CIT #21-00361).
The Bureau of Industry and Security this week issued a new set of frequently asked questions covering the Entity List, Russia-related export controls and Russia-related sanctions evasion.
House Democrats demanded information Tuesday about law enforcement agencies buying data through data brokers and potentially circumventing statutory requirements. House Judiciary Committee Chairman Jerry Nadler, D-N.Y., and House Homeland Security Committee Chairman Bennie Thompson, D-Miss., wrote to heads of DOJ, the Homeland Security Department, FBI, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The House Judiciary Committee had a hearing on digital dragnets in July (see 2207190058), where there was bipartisan interest in government data collection practices. “These data sets -- collected, packaged, and sold by private companies -- have far-ranging uses from benign microtargeting, to invasive digital profiles, to real-time location tracking,” Nadler’s office wrote. The committees want full details about the “agency practice of purchasing commercial data to sidestep legal protections against unreasonable search and seizure.”
The National Customs Brokers & Forwarders Association of America sent a letter to the Federal Maritime Commission last week requesting guidance on Ocean Shipping Reform Act regulations. In an Aug. 15 email to members, NCBFAA said it asked the FMC for more “clarity” on OSRA provisions that restrict common carriers from invoicing parties for detention and demurrage unless the invoice includes certain required information. The group also asked the commission about the fee dispute process; made “inquiries with respect to the treatment of ocean carrier vendors, such as railroads and chassis pools”; and asked about new, prohibited conduct for common carriers. NCBFAA asked FMC to explain “to what extent do these new prohibitions and requirements, especially for invoicing, apply to marine terminal operators, customs brokers, freight forwarders, breakbulk agents, and other entities assessing and invoicing” fees.
The National Customs Brokers & Forwarders Association of America sent a letter to the Federal Maritime Commission last week requesting guidance on Ocean Shipping Reform Act regulations. In an Aug. 15 email to members, NCBFAA said it asked the FMC for more “clarity” on OSRA provisions that restrict common carriers from invoicing parties for detention and demurrage unless the invoice includes certain required information. The group also asked the commission about the fee dispute process; made “inquiries with respect to the treatment of ocean carrier vendors, such as railroads and chassis pools”; and asked about new, prohibited conduct for common carriers. NCBFAA asked FMC to explain “to what extent do these new prohibitions and requirements, especially for invoicing, apply to marine terminal operators, customs brokers, freight forwarders, breakbulk agents, and other entities assessing and invoicing” fees.
Two importers each will pay seven-figure sums to settle False Claims Act lawsuits related to the undervaluation of their customs entries and underpayment of duties, DOJ said Aug. 11. Apparel importer Luchiano Visconti and its manager, Sasha Hourizadeh, will together pay $3.64 million to settle allegations they sent fraudulent invoices to their customs broker that understated the actual price paid. In a separate settlement, Eos Energy Storage will pay $1.02 million to resolve allegations that it failed to declare assists and other additions to transaction value.
Two importers each will pay seven-figure sums to settle False Claims Act lawsuits related to the undervaluation of their customs entries and underpayment of duties, DOJ said Aug. 11. Apparel importer Luchiano Visconti and its manager, Sasha Hourizadeh, will together pay $3.64 million to settle allegations they sent fraudulent invoices to their customs broker that understated the actual price paid. In a separate settlement, Eos Energy Storage will pay $1.02 million to resolve allegations that it failed to declare assists and other additions to transaction value.
The U.S.'s "unreasonable delay" in asserting claims seeking to collect antiduming duties on entries of canned mushrooms brought in between 2000 and 2001 warrants dismissal of its case at the Court of International Trade seeking the duties, surety company American Home Assurance Co. (AHAC) argued in an Aug. 1 reply brief. Responding to the court's request for more briefing over AHAC's affirmative defense and claims of prejudice, the surety company said that it has not been able to actually provide significant evidence of actual harm "despite best efforts," but that the case should be decided on statute of limitations grounds (United States v. American Home Assurance Company, CIT #20-00175).
CBP will increase Consolidated Omnibus Budget Reconciliation Act (COBRA) fees by 18.629% to adjust for inflation in fiscal year 2023, the agency said in a notice. Affected fees include the merchandise processing fee, vessel and truck arrival fees and the customs broker permit user fee. The Fixing America's Surface Transportation Act, passed in 2015, required that CBP make inflation adjustments and fee limitations when deemed necessary (see 1512040024). The fees are effective Oct. 1, the start of FY23.
Byungmin Chae, who is contesting results of his customs broker license exam, filed his informal reply brief July 25 at the U.S. Court of Appeals for the Federal Circuit. The Court of International Trade had dismissed five exam questions Chae appealed (see 2206060055). At the trade court, Judge Timothy Reif said CBP was right to dismiss Chae's appeal of four of the questions but said the agency wrongly denied the test taker's appeal for the fifth question. The reversal of the remaining question wasn't sufficient for a passing grade because Chae was two questions shy of the 75% threshold needed to pass the test. In his informal reply brief to the Federal Circuit, Chae said he is appealing only three questions from the April 2018 customs broker license exam (Byungmin Chae v. Secretary of the Treasury, CIT #20-00316).