Nasdaq GlobeNewswire

Motion to Dismiss Filed by Property Owner to Defeat Government's Forfeiture of Warehouse

Del

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.



This announcement is distributed by Nasdaq Corporate Solutions on behalf of Nasdaq Corporate Solutions clients.
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

Om Nasdaq GlobeNewswire

Nasdaq GlobeNewswire
Nasdaq GlobeNewswire
One Liberty Plaza - 165 Broadway
NY 10006 New York

+1 212 401 8700http://www.nasdaqomx.com

NASDAQ (NASDAQ: NDAQ) is a leading provider of trading, exchange technology, information and public company services across six continents.

Følg saker fra Nasdaq GlobeNewswire

Registrer deg med din epostadresse under for å få de nyeste sakene fra Nasdaq GlobeNewswire på epost fortløpende. Du kan melde deg av når som helst.

Siste saker fra Nasdaq GlobeNewswire

Oxford Immunotec and QIAGEN N.V. Settle Patent Infringement Lawsuit15.12.2017 22:04Pressemelding

Agreement includes payment of $27.5 million to Oxford, royalty-free license to QIAGEN and dismissal of all pending litigation OXFORD, United Kingdom and MARLBOROUGH, Mass., Dec. 15, 2017 (GLOBE NEWSWIRE) -- Oxford Immunotec Ltd. (Nasdaq:OXFD) and QIAGEN N.V. (Nasdaq:QGEN) (Frankfurt Stock Exchange:QIA) announced today that they have reached a settlement in the lawsuit in the U.S. District Court for the District of Massachusetts in Boston (15-cv-13124-NMG) alleging patent infringement in relation to QIAGEN's QuantiFERON®-TB Gold and QuantiFERON®-TB Gold Plus products. Under terms of the agreement, all pending claims between Oxford and QIAGEN and the co-defendants have been resolved. As part of the settlement, Oxford has granted QIAGEN a royalty-free, non-exclusive license that extends to all current and future customers of QuantiFERON-TB Gold and QuantiFERON-TB Gold Plus in exchange for a one-time, lump-sum payment of $27.5 million.  The settlement includes general

Algeco Scotsman Announces Acquisition of Iron Horse Ranch15.12.2017 21:32Pressemelding

BALTIMORE, Dec. 15, 2017 (GLOBE NEWSWIRE) -- Algeco/Scotsman Holding S.à r.l. (together with its subsidiaries, the "Algeco Group") today announced the successful closing of the acquisition by the Algeco Group's subsidiary, Target Logistics Management, LLC ("Target Logistics"), of Iron Horse Ranch from funds managed by TDR Capital LLP ("TDR"). The acquisition solidifies Target Logistics' position as the single largest provider of turnkey workforce housing in the U.S., including a network of eight lodges and 2,119 beds in the Permian Basin. With the acquisition, Target Logistics' Permian Basin lodge network now includes Texas lodges in Pecos, Mentone, San Angelo and two in Odessa, along with two lodges in Carlsbad and Lovington, New Mexico. Additionally, Target Logistics adds Eagle Ford lodges in Cameron and Yorktown, Texas. Diarmuid Cummins, CEO Algeco Scotsman: "Today we announce the completion of the second of two strategic acquisitions which we flagged earlier

Elemica Named to Food Logistics Top 100 List15.12.2017 13:55Pressemelding

11th Consecutive Win for Delivering Value Across Clients' Supply Chains WAYNE, Pa., Dec. 15, 2017 (GLOBE NEWSWIRE) -- Elemica, the leading  Business Network for the process industries, announces the company has been named to Food Logistics magazine's FL100+ Award for the 11th year. The FL100+ list recognizes leading software and technology providers in the food and beverage industry.  Elemica was chosen for helping agricultural and food ingredient businesses conduct more efficient and error free commerce across their community of suppliers, customers and logistics providers - delivering value through lower operating expenses and working capital costs. "We are honored to be included for the past eleven years on the Food Logistics FL100+ list for helping companies improve efficiencies and generate value from their supply chains," said John Blyzinskyj, CEO of Elemica. "Automating business processes, enabling end-to-end visibility, and providing a platform for

GSV Asset Management Announces Strategic Investment from HMC Capital-Led Group14.12.2017 21:03Pressemelding

WOODSIDE, Calif. and NEW YORK, Dec. 14, 2017 (GLOBE NEWSWIRE) -- GSV Asset Management, LLC ("GSV"), a modern merchant bank that identifies, advises, and invests in the fastest growing, most dynamic companies in the world - the Stars of Tomorrow - today announced a strategic investment from a group led by HMC Capital ("HMC"), a leading Latin American advisory and investment firm. While terms of the deal were not disclosed, the investment will result in a minority ownership interest for the HMC-led group in GSV Asset Management. Proceeds will be used to enhance GSV's ongoing investment activities, as well as to accelerate its strategic expansion into new business areas and geographies. "We are very excited to partner with HMC Capital, a multi-billion dollar asset manager that brings a range of complimentary capabilities to GSV Asset Management," said Michael Moe, founder of GSV. "GSV stands for Global Silicon Valley and our alliance with HMC reflects our shared commitment t

TrueCommerce Datalliance Releases Third 2017 Update for Vendor Managed Inventory Platform14.12.2017 19:28Pressemelding

Latest Software Update Enhances Browser, Productivity Experience CINCINNATI, Dec. 14, 2017 (GLOBE NEWSWIRE) -- TrueCommerce Datalliance, a leading vendor managed inventory service solutions provider, announced today that it released the third scheduled 2017 update to its VMI platform. The free update is part of TrueCommerce Datalliance's commitment to improving the functionality of its cloud-based supply chain software. Highlights of the release include several improvements to its system architecture and capabilities: Google Chrome is now officially supported Order Worksheets are now easier to view in Internet Explorer One-click access to recently changed or added items Mass Launch Order Preview lists all items suggested or added via allocation "We promise our customers three major updates every year," said Connie Shafer, TrueCommerce Datalliance Producti

ATTO announces support for Apple® Release of the new iMac Pro14.12.2017 18:37Pressemelding

ATTO's line of ThunderboltTM technology enabled products continue to revolutionize connectivity to storage AMHERST, N.Y., Dec. 14, 2017 (GLOBE NEWSWIRE) -- ATTO Technology, Inc., a global leader of storage and network connectivity and infrastructure solutions for data-intensive computing environments, today confirmed their continued commitment to the newly released line of product updates and innovations from Apple. With the powerful and new iMac Pro® now shipping, ATTO continues to support the new offerings from this industry leading manufacturer. "Our deep relationship with Apple over the last 30 years continues to drive our position as a leading force within the Apple community," said Timothy J. Klein, president and CEO at ATTO Technology. The iMac Pro sets a new standard for Apple design and performance and complements why users select ATTO products. As Apple pushes the boundaries of desktop computing, ATTO continues to provide industry leading products that op

I vårt presserom finner du alle våre siste saker, kontaktpersoner, bilder, dokumenter og annen relevant informasjon om oss.

Besøk vårt presserom