Motion to Dismiss Filed by Property Owner to Defeat Government's Forfeiture of Warehouse
ONTARIO, Calif., Oct. 03, 2017 (GLOBE NEWSWIRE) -- Today, the owner of a Fontana, California warehouse filed a motion to dismiss a property forfeiture action filed by the government on September 14. The Fontana warehouse is one of four warehouses the government claims are subject to forfeiture because they were used to store aluminum pallets imported from China and owned by Perfectus Aluminum Inc. (the "Company").
The forfeiture claim against all the warehouses is grounded on the government's claim that the Company allegedly violated U.S. law in importing the pallets under false pretenses. But as set forth in the motion to dismiss, the Company did not violate any law in importing the pallets, as is evident from basic facts already acknowledged by the government to be true, and forfeiture is precluded in any event by the government's own conduct. The motion seeks dismissal based on the following legal grounds, among others:
- The forfeiture claim improperly seeks to retroactively apply a 2017 determination by the U.S. Department of Commerce (DOC) concerning aluminum pallets. At the time pallets were imported, the DOC had not clarified whether its orders concerning antidumping and countervailing duties related to aluminum extrusions from China (called AD/CVD Orders) applied to such pallets, which are finished products, not extrusions under the DOC rules. The DOC only this year determined that the AD/CVD Orders apply to such pallets, but that ruling is not yet final. Moreover, that ruling does not apply retroactively, and thus does not govern Perfectus' pallets, which were imported years ago. If anything, the recent DOC ruling underscores that the pallets were imported in good faith and that, until recently, the government treated the pallets as not subject to the AD/CVD Orders. DOC's ruling is also subject to judicial review by the Court of International Trade, and Perfectus intends to commence an action in that court once the DOC ruling is finalized, which for unexplained reasons has been atypically delayed by the government.
- In light of the DOC rulings that existed at the time the pallets were imported - those prior to the new 2017 DOC ruling - Perfectus' classification of its pallets was proper, and was made in good faith. That, coupled with the government's own acquiescence and inaction, negates the government's baseless contention that Perfectus made "knowingly false" statements to avoid the AD/CVD Orders and related duties.
- The government has already inspected Perfectus' pallets on multiple occasions over the past six years. Each time, it explicitly or implicitly certified that Perfectus paid all appropriate duties. Claiming-several years later-that these same pallets were actually smuggled into the country, seizing them along with the warehouses that stored them, and attempting to extract a punitive levy is a clear violation of due process.
- There has been an unreasonable, unjustifiable delay between the import of the pallets and the initiation of these forfeiture proceedings. The government previously argued that it would present evidence justifying the detention of Perfectus' property at a later date-but, ultimately, it simply stonewalled for a year, selectively leaking information to news media while keeping the information from Perfectus.
The owner of the Fontana warehouse filed the motion to dismiss with the Court on October 3, 2017.
Please address any questions to Harris, Baio & McCullough at 215-440-9800.
The issuer of this announcement warrants that they are solely responsible for the content, accuracy and originality of the information contained therein.
Source: Perfectus Aluminum Inc. via Globenewswire
Följ NASDAQ OMX
Skriv in din e-postadress så får du ett mejl när vi har något nytt att berätta.
Senaste pressmeddelandena från NASDAQ OMX
Nasdaq Welcomes RISE Education Cayman Ltd. (Nasdaq: REDU) to The Nasdaq Stock Market20.10.2017 18:37 | Pressmeddelande
NEW YORK, Oct. 20, 2017 (GLOBE NEWSWIRE) -- RISE Education Cayman Ltd. (Nasdaq:REDU), a leader in China's junior English Language Training (ELT) market, rang the opening bell at the Nasdaq MarketSite in Times Square today in celebration of its initial public offering (IPO) on The Nasdaq Stock Market. Photos accompanying this announcement are available at http://www.globenewswire.com/NewsRoom/AttachmentNg/f59490cf-9a81-4114-92a1-05edcb3f5694 http://www.globenewswire.com/NewsRoom/AttachmentNg/5692f99d-9ed0-4be2-928d-9c94f4b152e8 RISE pioneered the "subject-based learning" teaching philosophy in China, whereby various subject matters, such as language arts, math, natural science and social science are used to teach English. RISE's course offerings use interactive courseware to create an immersive English learning environment that helps students learn to speak and think like a native speaker. In addition, their curricula are des
Concurrent Achieves Sales Milestone for Zephyr Transcode19.10.2017 15:35 | Pressmeddelande
Concurrent Customers Now Transcoding on Three Continents ATLANTA, Oct. 19, 2017 (GLOBE NEWSWIRE) -- Concurrent (NASDAQ:CCUR), a global leader in storage, protection, transformation, and delivery of visual media assets, announced today that Zephyr Transcode, which Concurrent launched last year as an integral part of its content delivery network (CDN) solutions, is now deployed with customers in Asia, Europe and North America. The deployments already support thousands of on-demand assets being transcoded to multiple formats and bit-rates to support any place, any device content availability. Zephyr Transcode supports multiple formats and quality levels including H.264 (MPEG-4) and H.265 (HEVC), strengthening Concurrent customers' capability to provide high-quality standards-based streams to any device their end-users desire. Zephyr Transcode is software-based and capable of running in traditional Central Processing Units (CPU) as well as Gra
German Armed Forces Renews Contract for Hexagon Geospatial Products19.10.2017 15:11 | Pressmeddelande
Defense agency will work closely with Hexagon Geospatial Premium Partner for next two years NORCROSS, Ga., Oct. 19, 2017 (GLOBE NEWSWIRE) -- At the HxGN LOCAL Defense Summit, a conference dedicated to defense and security in Western Europe, Hexagon Geospatial announced that the Bundeswehr Geoinformation Centre (BGIC) recently renewed a large software maintenance contract for Hexagon Geospatial products. The two-year renewal is for more than 100 licenses, mainly within the GeoMedia and ImageStation product families. The contract also includes consulting for workflow optimization. The contract was issued to Geosystems, a Hexagon Geospatial Premium Partner, which will work closely with the local subsidiary of Hexagon Safety & Infrastructure in Bonn and Munich to support BGIC. "The strong Hexagon Geospatial partner network allows our defense customers to benefit from a unique pool of expertise and tradecraft in the areas of remote sensing, GIS, and photog
Novel Preclinical Research Tools Provide Humanized Immune Response to Advance Immunotherapeutic Development, Live Webinar Hosted by Crown Bioscience19.10.2017 14:00 | Pressmeddelande
SANTA CLARA, Calif., Oct. 19, 2017 (GLOBE NEWSWIRE) -- Crown Bioscience, a wholly-owned subsidiary of Crown Bioscience International (TWSE:ticker 6554) and a global drug discovery and development services company providing translational platforms to advance oncology, inflammation, cardiovascular and metabolic disease research, announces a live webinar to be presented by Dr. Michelle Mack, Director of Global Scientific Engagement, entitled "Beyond Syngeneics - Novel Tools for Addressing Human Specificity in Immuno-Oncology." Checkpoint inhibitors like anti-PD-1, anti-PD-L1, and anti-CTLA-4 have revolutionized cancer treatment and have recently gained approval in several cancer types. Despite their potential, immunotherapies face significant development challenges due to the specificity and complexity of the human immune system upon which they act. Crown Bioscience has generated innovative research models to address these obstacles early during preclinical drug development.
Perfectus Aluminum Inc. Responds to Trade Group19.10.2017 13:00 | Pressmeddelande
ONTARIO, Calif., Oct. 19, 2017 (GLOBE NEWSWIRE) -- Perfectus Aluminum Inc. has issued the following: On October 12, 2017 the Aluminum Extruders Council (AEC), an industry group representing largely American aluminum extruders, posted to its blog a false narrative regarding a suit to which Perfectus Aluminum Inc. is a related party. The government is not "seeking unpaid duties from Perfectus for goods brought into the country." Rather, the government is attempting to use a 2017 Department of Commerce determination to assess retroactive antidumping duties on goods imported as early as 2011. It is discouraging that AEC would tout such an obviously egregious government overstep as a "victory" to their members and the industry: were it one of AEC's own members facing such an obvious violation of fair play and due process, it would rightfully argue that government overreach is a threat to manufacturers everywhere. In addition to the hypocrisy of the AEC's promotion of this case, its s
Stillfront Group AB: Stillfront one of Sweden's fastest growing companies19.10.2017 11:00 | Pressmeddelande
PRESS RELEASE October 19, 2017 Stillfront included in Deloitte Sweden Technology Fast 50 Stillfront has been included in Deloitte Sweden Technology Fast 50. Deloitte Sweden Technology Fast 50 is a ranking of Sweden's 50 fastest growing technology companies, based on revenue growth over the last four years. The ranking includes public and private companies, large and small, in all areas of technology, from internet specialists to biotech, digital media technology to life sciences, computers to semiconductors and software to telecommunications. Please find more detailed information (in Swedish) on www.deloitte.se/fast50. Stillfront has since the IPO in the autumn of 2015 recorded a continuous high and profitable growth in revenues rolling 12 months. Since the IPO, Stillfront has increased the number of so-called core products (i.e. games that have more than 5 MSEK in annual revenue rate) from four to fourteen and the number of studi
I vårt pressrum kan du läsa de senaste pressmeddelandena, få tillgång till pressmaterial och hitta kontaktinformation.Besök vårt pressrum