Showing posts from January, 2019

Two Defaults and a Surety Payment

Lately, more customs penalty cases (at least among those making it to the Court of International Trade) seem to be ending in defaults. Such is the case with United States v. Selecta Corporation, LLC and also United States v. Six Star Wholesale, Inc. In Selecta , the United States sought a $51,102 penalty (plus interest). The defendant failed to respond to the complaint. Under the Court's Rule 55, a plaintiff can expedite a default judgment by showing through an affidavit (or otherwise) that the defendant failed to defend itself. When such a showing is made, the Clerk of the Court must enter the default. After the default is entered, the remaining party (typically the plaintiff) may apply to the Court for the entry of a default judgment. That's an interesting piece of rules trivia. Here, plaintiff did not do that and the Court (i.e., the judge) ordered the default. To secure a default judgment, against which the United States can try to collect, the Court is to consider thr

ICCS and Certification Marks

ICCS USA v. United States is the last 2018 decision of the Court of International Trade we will cover here. Technically, I am  timely because the pubic version of this opinion was posted in 2019. This is an interesting look at how Customs and Border Protection enforces certification marks at the border. It also illustrates some of the inner workings of Underwriters Laboratories, the private agency that issues the well-known UL in a circle mark. ICCS imports butane canisters that were produced by a company in Korea called One Jung Can Mtf. Co. Ltd., ("OJC"). The canisters are marketed under the name "PREMIUM." As far back as 2001, OJC applied for and received UL certification for its "MEGA-1" model butane canisters. That certification was current through February 2017. Accordingly, OJC was authorized to place the UL mark on the MEGA-1 cylinders as a sign that they have been tested and conform to the UL safety standards. This case is not about MEGA-1 ca