Justia International Trade Opinion Summaries

This case involved the importation and sale of counterfeit luxury goods bearing trademarks owned by Louis Vuitton (plaintiff) and others. Defendants appealed from the district court's judgment granting summary judgment to plaintiff on its claims of trademark counterfeiting and infringement, and awarding plaintiff statutory damages in the amount of $3 million, and more than $500,000 in attorney's fees and costs. The court concluded that the district court did not abuse its discretion in declining to stay the proceedings; that, as the district court concluded, an award of attorney's fees under 15 U.S.C. 1117(a) could accompany an award of statutory damages pursuant to 15 U.S.C. 1117(c); and that the district court did not abuse its discretion in awarding such fees or in setting their amount. Accordingly, the judgment was affirmed. View "Louis Vuitton Malletier S.A. v. LY USA, Inc., et al." on Justia Law

Domestic producers submitted an antidumping investigation petition to the Department of Commerce and the International Trade Commission concerning imports of butt-weld pipe fittings from China and Thailand. Butt-weld fittings are forged steel products used to join pipe where conditions require permanent, welded connections. The petition identified products by inside diameter and compliance with certain ASTM and ANSI industry standards. Commerce issued a final determination that the products were being dumped. The ITC concluded that the domestic industry was materially injured by the dumped imports. The final anti-dumping duty order referred to fittings used to "join sections in piping systems." In 2009, King requested a scope ruling that butt-weld pipe fittings it imported from China were outside the scope of the order; its imported fittings are physically identical to those subject to the order, but were used "for structural use in applications such as handrails, fencing, and guardrails." Commerce concluded that the imports were within the scope of the order. The Trade Court concluded that the order was restricted to fittings used in piping systems. The Federal Circuit reversed, holding that the Trade Court gave inadequate deference to Commerce's scope ruling that the order did not contain such an end-use restriction. View "King Supply Co., LLC v. United States" on Justia Law

Plaintiffs are among the world’s largest purchasers of air conditioning and refrigeration copper tubing. Defendants imported ACR copper into the U.S. In 2003 the Commission of the European Communities found that defendants and other conspired on prices targets and other terms for industrial tubes and allocated customers and market shares in violation of European law. The findings did not identify any conspiratorial agreements with respect to U.S. markets. In 2004, another EC decision found violation in the market for plumbing tubes. Plaintiff claimed that the European conspiracy was also directed at the U.S. market for ACR industrial tubes, violating the Sherman Act and the Tennessee Trade Practices Act. Two similar cases, involving different plaintiffs, had been dismissed. The district court dismissed for lack of subject matter jurisdiction and failure to state a claim. The Sixth Circuit reversed, finding that the complaint adequately stated a claim under the Sherman Act and was not barred by the Act's limitations period, 15 U.S.C. 15b and that the court had personal jurisdiction. The fact that the complaint borrows its substance from the EC decision and then builds on the EC’s findings does not render its allegations any less valid.View "Carrier Corp. v. Outokumpu Oyj" on Justia Law

On GE’s complaint, the International Trade Commission conducted an investigation and, rejecting the findings of an ALJ determined that GE's 039 patent was not invalid by reason of obviousness or written description, that variable speed wind turbines imported by Mitsubishi do not infringe any of GE's patents, and that the domestic industry requirement is not met as to any of the patents. The Commission concluded that the Tariff Act, 19 U.S.C. 1337, was not violated. The 039 patent subsequently expired. The Federal Circuit affirmed that the 221 patent is not infringed, but reversed the determination of no domestic industry as to the 985 patent, and remanded. View "Gen. Elec. Co. v. Int'l Trade Comm'n" on Justia Law

Defendant pleaded guilty to three federal offenses: conspiracy to distribute 100 kilograms or more of marijuana; discharging a firearm in furtherance of a drug trafficking crime; and conspiracy to commit money laundering. The district court sentenced defendant to 220 months' imprisonment and defendant appealed his sentence. The court concluded that the appeal was moot because there was no effectual relief available to defendant. Defendant disputed only whether the district court should have imposed the federal sentence "to run concurrently to the remainder of the undischarged term of imprisonment." At this point, because Missouri discharged defendant's state sentence, there was no longer an "undischarged term of imprisonment." Accordingly, the court granted the government's motion to dismiss the appeal and denied the motion to supplement the record. View "United States v. Harris" on Justia Law

In 2001, U.S. Customs classified Aromont's imported flavorings, derived from veal, chicken, duck, lamb, beef, fish, lobster, mushroom, or vegetable stock, under Harmonized Tariff Schedule subheading 2104.10.00 covering "[s]oups and broths and preparations therefor ... Other." Aromont argued that the flavorings should have been classified under subheading 2106.90.99 covering "[f]ood preparations not elsewhere specified or included," which carries a lower ad valorem tax. Customs denied the protest and liquidated the merchandise. The Trade Court found that the products are not covered by 2104 because they are not principally used as soups or broths, but in a variety of end uses. The Federal Circuit affirmed. Aromont made a strong showing with respect to actual use, physical characteristics, and cost. The government did not show that any other factors required a contrary result, or that there is an issue of material fact on any of the relevant factors.View "Aromont USA, Inc. v. United States" on Justia Law

TIRN appealed from the district court's dismissal of its claim on res judicata grounds. TIRN alleged that the State Department failed to satisfy its consultation and environmental assessment obligations under the National Environmental Policy Act, 42 U.S.C. 4321 et seq., and the Endangered Species Act (ESA), 16 U.S.C. 1531 et seq., in conducting annual certifications of countries exempted from the general ban on shrimp imports. At issue was whether TIRN's current lawsuit for NEPA and ESA violations was precluded by its earlier lawsuits challenging the State Department's regulations implementing the Section 609(b)(2) of Public Law 101-162 certification process. The court held that because TIRN's current challenge arose from the same transactional nucleus of facts as earlier litigation, res judicata barred its claims. Accordingly, the court affirmed the district court. View "Turtle Island Restoration Network, et al. v. U.S. Dept. of State" on Justia Law

In an action under the Tariff Act, 19 U.S.C. 1337, the International Trade Commission found unfair trade practices based on infringement of Epson's U.S. patents by importation and sale of ink printer cartridges produced in China by Ninestar and imported into and sold in the U.S. by entities including Ninestar's subsidiaries, The Commission issued a general exclusion order, limited exclusion orders, and cease and desist orders. The Federal Circuit affirmed. Final Orders prohibited importation and sale of infringing cartridges, including cartridges in the inventory of U.S. subsidiaries. Subsidiaries continued to import and sell cartridges that were subject to the orders. An Administrative Law Judge determined that Ninestar was in violation and levied a penalty under 19 U.S.C. 1337(f)(2). The Commission reduced the penalty. The Federal Circuit affirmed, finding Ninestar China jointly and severally liable for the penalty ($55,000 per day, a total of $11,110,000) along with the U.S. subsidiaries. Ninestar was aware that refurbishing and reselling spent cartridges, not first sold in the U.S., would be patent infringement View "Ninestar Tech. Co., Ltd. v. Int'l Trade Comm'n" on Justia Law

Plaintiffs, domestic producers, sought distributions under the Continued Dumping and Subsidy Offset Act of 2000, since repealed, which directed the government to distribute collected duties to domestic producers harmed by dumping, 19 U.S.C. 1675c(a). Plaintiffs also sought to compel assessment and collection of additional anti-dumping duties, claiming that U.S. Customs has failed to collect $723 million $771 million in assessed anti-dumping duties. The U.S. Court of International Trade dismissed. Certain counts were dismissed for lack of standing on the ground that plaintiffs were not intended third-party beneficiaries of bond contracts intended to cover anti-dumping penalties. Other counts were dismissed for for lack of subject matter jurisdiction or failure to state a claim. The Federal Circuit affirmed in part and vacated in part, finding alternate grounds for dismissal. The court lacked jurisdiction over claims against the sureties. Plaintiffs do not qualify as intended third-party beneficiaries. View "Sioux Honey Ass'n v. Hartford Fire Ins. Co." on Justia Law

Plaintiffs filed this declaratory judgment action in federal district court in Mississippi, seeking relief against their longtime Costa Rican distributor. The district court dismissed the complaint for lack of personal jurisdiction over defendants. The court held that, even if defendants could reasonably anticipate being haled into Mississippi federal court, they could not reasonably anticipate being so haled to answer claims such as these. Seeing no constitutionally adequate nexus between plaintiffs' claims and defendants' Mississippi contacts, the court concluded that plaintiffs have failed to present a prima facie case that a Mississippi district court could exercise specific jurisdiction over defendants. Accordingly, the judgment was affirmed. View "ITL Int'l, Inc., et al. v. Constenla, S.A., et al." on Justia Law