Justia Commercial Law Opinion Summaries

The district court dismissed a complaint asserting breach of contract, breach of a covenant of good faith and fair dealing, breach of a settlement agreement, promissory estoppel, equitable estoppel, quantum meruit, unjust enrichment, constructive trust, accounting, reformation of contract, and several types of fraud in connection with agreements for "street furniture." After extensive discussion of whether the plaintiff, a sociedad anónima formed in Uruguay, was the equivalent of a corporation formed in the U.S., and the fact that the contract called for application of the law of Spain, the Seventh Circuit affirmed. The court concluded that, while the defendant did not treat plaintiff well, no rule of law entitles every business to a profit on every deal.

Defendant, an American citizen, approached plaintiff, a supplier of dairy products, about doing business with a Chinese company, affiliated with a company operated by defendant's cousin. The American did not claim to be an agent of the Chinese company, but did respond to a request for credit information and paid for the first transaction with her own check. The Chinese buyer claims that the American company wrongfully substituted an inferior product in the second transaction and did not pay. Instead of bringing a claim against the Chinese company, the plaintiff claimed fraud by the American. The district court held that the suit was barred by the economic loss doctrine. The Seventh Circuit affirmed, holding that any false statements by defendant were "interwoven" with the contract; plaintiff could have protected itself contractually against the risk of nonpayment. Holding the American liable in tort would not plug any loophole in contract law. The contract was not concerned with services, for which there is an exception.

In order to determine an antidumping margin, Commerce must compare sales in the exporter’s home market with sales in the United States. 19 U.S.C. 1677(16). In its review of ball bearings, Commerce previously used the family model match methodology and considered sales of products in the exporter’s home market that had the same physical characteristics as the U.S. sale as part of the family of merchandise to average the prices of the family. Commerce later changed to the sum of the deviations method, which allows comparison of the U.S. sale to the sales of a single product in the exporter’s home market. The method uses the same characteristics, but weighs them differently. The Court of International Trade agreed with Commerce . The Federal Circuit vacated and remanded, holding that Commerce need not reconsider its model match methodology, but must explain why it continues to use zeroing in Administrative Reviews while discontinuing the practice in investigations. Zeroing is the practice whereby the values of positive dumping margins are used in calculating the overall margin, but negative dumping margins are included in the sum of margins as zeroes.

An anti-dumping petition claimed that Chinese firms were exporting frontseating service valves at less than fair value. The Department of Commerce calculated normal value of the valves by using India as a surrogate market economy and identifying brass bars as a primary raw material; it valued the labor factor of production using regression analysis that included wage rates and gross national income data from sixty-one market economy countries. Commerce issued a final determination that calculated the surrogate value for brass bar without excluding the imports from Japan, France, and the UAE. The Court of International Trade upheld the determination. The Federal Circuit vacated and remanded for revaluation of labor, not using the regression approach, and reconsideration of sales at issue for calculating the relevant total dumping margin. Commerce’s reading of the evidence was reasonable in including data on imports from Japan, France, and the UAE, to calculate the surrogate value of brass bar.

In November 2001, the U.S. Department of Commerce issued an anti-dumping duty order on certain hot-rolled carbon steel flat products from Thailand, found that the company was selling the subject merchandise at less than normal value and assigned a dumping margin of 3.86%. In 2006 the order was partially revoked, as to the company, but remained in effect with respect to other exporters and producers. Commerce received a complaint that dumping had resumed and initiated changed circumstances review (CCR), despite the company's assertion that it lacked authority to so. The Court of International Trade (CIT) dismissed the company's suit for an injunction in 2009. Commerce reinstated the order with respect to the company; CIT affirmed. The Federal Circuit affirmed, holding that Commerce reasonably interpreted and acted on its revocation and CCR authority under 19 U.S.C. 1675(b, d) as permitting conditional revocation and reconsideration.

The imported back-mounted packs, used for outdoor activities and athletics, allow the user to drink without interrupting activity. U.S. Customs and Border Protection liquidated and classified the merchandise under subheading 4202.92.30, HTSUS, as "Trunks, . . . traveling bags, insulated food or beverage bags, . . . knapsacks and backpacks, . . . sports bags . . . and similar containers . . . of textile materials: . . . With outer surface of sheeting of plastic or of textile materials: . . . travel, sports and similar bags" at a rate of duty of 17.8%. The company argued that the insulated beverage bag established essential character and that the items were properly classified as either "insulated food and beverage bags . . . whose interior incorporates only a flexible plastic container of a kind for storing and dispensing potable beverages through attached flexible tubing" (4202.92.04) or "insulated food and beverage bags . . . other" (4202.92.08), dutiable at 7%. The Court of International Trade affirmed. The Federal Circuit reversed and remanded. The item is a composite product that includes features substantially in excess of those within the common meaning of "backpack." The essential character of the item is a disputed question of fact.

Plaintiff, an Illinois corporation, filed suit for conversion against a corporation based in South Korea and individuals. Although the defendants were served, there was no formal response. The individual defendants sent a letter asserting that they had no connection to the corporation and requesting dismissal. Several months later the court entered default judgment in the amount of $2,916,332. About a year later the defendants filed appearances and a motion to vacate for lack of personal jurisdiction. The district court denied the motion. The Seventh Circuit reversed and remanded. After noting that jurisdiction can be contested in the original proceeding or in a collateral action, the court concluded that the motion was not untimely. The letter did not constitute an appearance by the individuals and the corporation was not capable of making a pro se appearance. The defendants have submitted affidavits concerning whether they had "minimum contacts" with Illinois that must be considered by the court.

Appellant appealed an order of summary judgment in favor of the United States Bureau of Customs and Border Protection ("CBP") in his eight Freedom of Information Act ("FOIA"), 5 U.S.C. 552, requests for 19 C.F.R. 133.21(c) Notices of Seizures of Infringing Merchandise ("Notices") from certain United States ports. Appellant raised several issues of error on appeal. The court held that the district court's findings that the Notices contained plainly commercial information, which disclosed intimate aspects of an importers business such as supply chains and fluctuations of demand for merchandise, was well supported. The court also held that the district court was not clearly erroneous in its finding that the information at issue was confidential and privileged where the trade secret exemption of FOIA ("Exemption 4") was applicable. The court further held that when an agency freely disclosed to a third party confidential information covered by a FOIA exemption without limiting the third-party's ability to further disseminate the information then the agency waived the ability to claim an exemption to a FOIA request for the disclosed information. Therefore, the district court's ruling was affirmed in regards to FOIA Exemption 4 but the district court's conclusion as to the fees charged to appellant was reversed where CBP must follow the FOIA fee provisions under 19 C.F.R. 103.

Dell manufactures and sells secondary batteries for laptop computers, which may be packaged with new computers, at the option of the customer. The batteries at issue were admitted separately from computers into Dellâs Foreign Trade Sub-Zone (âFTZâ) in Nashville with ânon-privileged foreign status,â meaning that they had not been cleared by Customs and would be appraised for tariff purposes at the time of their formal entry into the United States. Dell proposed to classify secondary batteries that were packaged with computers as duty-free âportable digital automatic data processing [âADPâ] machines,â the ordinary classification for laptop computers. Customs classified the batteries as "other storage batteries," not âgoods put up in sets for retail saleâ with the computers. The Court of International Trade upheld the designation. The Federal Circuit affirmed, noting that the computer and battery may be packaged and shipped to the customer together, but are not packaged as a single unit for retail sale. There is nothing anomalous about classification of an article depending on the manner in which it is combined or associated with other related articles that are imported with it.

In 2003 the Department of Commerce, responding to a petition by the domestic wheat industry, found that Canadian wheat had been sold in the United States at less than fair value and issued an anti-dumping order. A North American Free Trade Agreement (NAFTA) binational panel remanded and Commerce found that the dumping had not materially injured the domestic industry. The NAFTA panel affirmed. Revocation of the anti-dumping order stated ârevocation does not affect the liquidation of entries made prior to January 2, 2006â and instructed Customs to liquidate earlier entries at the rate in effect at the time of entry. The Trade Court granted an injunction against liquidation of those duties and held that the Canadian Wheat Board was entitled to return of deposited unliquidated anti-dumping duties. The Federal Circuit affirmed, first holding that the Trade Court had jurisdiction under 28 U.S.C. 1581. The case did not involve unauthorized review of a NAFTA panel decision, but Commerce's implementation of the decision. Characterizing the decision to not return anti-dumping duties as "bizarre and unfair," the court stated that retaining the duties cannot be valid if the underlying order is invalid. Return of the duties does not constitute a retroactive remedy.