The Court of International Trade agreed to interview three Italian witnesses in an ongoing challenge brought by Aida on the valuation of its entries of industrial stamping presses. On Feb. 14, Judge Stephen Vaden granted a joint request (see 2202140042) that had asked him to issue an order to appoint a commissioner authorized to take testimony in Italy and to issue a Letter of Request for International Judicial Assistance to local counsels in Italy representing both parties. The three witnesses possess specialized knowledge required in the case. Aida claims that CBP liquidated two entries based on an allegedly incorrect appraisal by Aida's customs broker in 2015. In order to move forward with the case, both Aida and the Department of Justice agreed that testimony regarding the value of the imported presses was required.
The Animal and Plant Health Inspection Service announced it will continue to allow importers to file electronic copies of phytosanitary certificates for plant commodities until Sept. 30, it said Feb. 14, as expected (see 2202070048). The agency had previously delayed the end the policy of accepting copies Jan. 1 (see 2112100059), before postponing again until March 31 (see 2112290032). The policy is in place to mitigate challenges from the COVID-19 pandemic. The National Customs Brokers & Forwarders Association of America asked for the latest extension. "Starting October 1, 2022, APHIS and U.S. Customs and Border Protection will accept only original phytosanitary certificates and forms for plant commodities," APHIS said.
The following lawsuits were filed at the Court of International Trade during the week of Feb. 7-13:
CBP will no longer process formal entry shipments through the Detroit-Windsor tunnel as of 8 a.m. on Feb. 16, CBP said. CBP allowed for such shipments to go through the tunnel while Ambassador Bridge was closed due to protestors. "This diversion, while necessary, created significant system, procedural and examination challenges for the trade, stakeholders and CBP to overcome," the agency told the National Customs Brokers & Forwarders Association of America. Starting Feb. 16, the tunnel "will no longer accept 'PAPS' (Formal Entry) shipments and will return to normal processing of very limited commercial traffic of 'Brass' and 'Informal' Entries," according an NCBFAA email and confirmed by a CBP spokesman.
Aida and the Department of Justice are seeking testimony from three Italian employees of Aida who possess specialized knowledge required in an ongoing case at the Court of International Trade concerning the proper value of six industrial stamping presses, they said in a joint request to Judge Stephen Vaden asking him to issue an order appointing a commissioner authorized to take testimony in Italy and to issue a Letter of Request to Aida's and DOJ's local counsels in Italy. In its initial complaint, Aida claimed that CBP liquidated two entries based on incorrect appraisal by Aida's customs broker in 2015. Aida challenged the appraised value of the items via a protest, which was denied in 2018. In order to move forward with the case, both Aida and DOJ agree that testimony regarding the value of the imported presses is required.
International Trade Today is providing readers with the top stories from last week in case they were missed. All articles can be found by searching on the titles or by clicking on the hyperlinked reference number.
Descartes Systems Group bought NetCHB for $40 million, "plus potential performance-based consideration," the companies said Feb. 10. NetCHB, headquartered in Arizona, helps in automating customs broker filings, including for Section 321 Type 86 entries, Descartes said. "The maximum amount payable under the all-cash performance-based earn-out is $60.0 million, based on NetCHB achieving revenue-based targets over the first two years post-acquisition," it said.
A customs broker license test taker filed suit at the Court of International Trade after two appeals of her final score on the Customs Broker License Examination failed to result in a passing grade. Filing the case without an attorney, Shuzhen Zhong wants the court to review the six questions she appealed to CBP, of which she only received credit for one upon reconsideration. Zhong took particular issue with CBP's getting both her address and gender wrong when returning the results of her appeal (Zhong v. United States, CIT #22-00041).
A Corona, California, customs broker was arrested Feb. 10 on a federal grand jury indictment charging him in a scheme to defraud a Japanese variety store. Broker Frank Seung Noah was charged with tax evasion and wire fraud involving customs duties. The indictment says he evaded payment of $1.5 million in taxes and engaged in a $3.4 million wire fraud scheme that overcharged one of his clients, Daiso, the variety store. Noah owned and operated Comis International Inc., a logistics and supply-chain firm that provided customs brokerage services to companies, including Daiso.
The following lawsuits were recently filed at the Court of International Trade: