Case 4:14-cv WTM-GRS Document 1 Filed 02/24/14 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

Similar documents
Case: 3:12-cv JGC Doc #: 1 Filed: 06/20/12 1 of 10. PageID #: 1

Case 5:14-cv MTT Document 1 Filed 01/06/14 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

Case 1:15-cv WMS Document 1 Filed 01/14/15 Page 1 of 16

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MOTION TO REMAND

Case 0:17-cv DPG Document 1 Entered on FLSD Docket 06/02/2017 Page 1 of 12

Case 5:16-cv DMG-SP Document 1 Filed 12/27/16 Page 1 of 11 Page ID #:1

Case 1:17-cv TSC Document 13 Filed 09/08/17 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII ) ) ) ) ) )

NO. THE STATE OF TEXAS, IN THE DISTRICT COURT Plaintiff

Case 1:12-cv Document 1 Filed 03/30/12 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) ) ) ) ) ) ) ) ) ) ) )

Maxum Hardware, Inc. Terms and Conditions of Sale

Case 1:17-cv Document 1 Filed 02/24/17 Page 1 of 12 PageID: 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

INSTRUCTIONS TO RESPONDENT

Case 1:10-cv JLT Document 21 Filed 11/08/10 Page 1 of 10 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

Case 2:18-cv GZS Document 1 Filed 04/02/18 Page 1 of 8 PageID #: 1 UNITED STATES DISTRICT COURT DISTRICT OF MAINE

SUPERIOR COURT OF CHATHAM COUNTY STATE OF GEORGIA DEFENDANTS' VERIFIED ANSWER TO PLAINTIFFS' COMPLAINT

IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION

Case 2:10-cv DF Document 1 Filed 08/31/10 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

COMPLAINT (Jury Trial Demanded)

Case: 4:11-cv Document #: 1 Filed: 02/15/11 Page: 1 of 12 PageID #: 1

Case 8:17-cv JVS-KES Document 1 Filed 08/23/17 Page 1 of 7 Page ID #:1

Case 2:14-cv JDL Document 1 Filed 08/13/14 Page 1 of 6 PageID #: 1 UNITED STATES DISTRICT COURT DISTRICT OF MAINE

Case 2:15-cr DN-DBP Document 1 Filed 08/26/15 Page 1 of 7

IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

Forced Child Labor in the Uzbekistan Cotton Sector. Enough Talk. Time for Action NOW

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI WESTERN DIVISION ) ) ) ) ) ) ) ) ) Introduction

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION

Case 1:18-cv Document 1 Filed 07/05/18 Page 1 of 5 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA. Case No.

Case 4:06-cv WTM-GRS Document 116 Filed 02/04/08 Page 1 of 13

INSTRUCTION SHEET FOR CHANGING AN ADULT S NAME

Case 2:17-cv ODW-AFM Document 1 Filed 03/31/17 Page 1 of 7 Page ID #:1

IN THE DISTRICT COURT OF THE CHOCTAW NATION OF OKLAHOMA P.O. Box 1160 P.O. Box 702 Durant, OK Talihina, OK (580) (918)

COMPLAINT FOR VIOLATIONS OF THE LANHAM ACT AND TRADEMARK INFRINGMENT

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA. Civil Action No. 07-CV-571

Case 2:16-cv JAR-JPO Document 69 Filed 09/20/17 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF KANSAS

SUPERIOR COURT OF CALIFORNIA COUNTY OF YOLO. Plaintiff, Defendant. JEFF W. REISIG, District Attorney of Yolo County, by LARRY BARLLY, Supervising

Case 9:18-cv RLR Document 1 Entered on FLSD Docket 05/22/2018 Page 1 of 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.

IN THE COURT OF THE QUAPAW TRIBE OF OKLAHOMA (THE O-GAH-PAH) ) In re Petition for Change of Name of: ) ) ) Petitioner. ) ) )

COMPLAINT FOR VIOLATIONS OF THE LANHAM ACT AND TRADEMARK INFRINGMENT

I. ANSWER. COMES NOW Defendant IMPULSE MEDIA GROUP, INC. in the above-captioned

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

OFFICE OF THE ATTORNEY GENERAL, STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS, Plaintiff, v. CASE NO: COMPLAINT

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION. Case No. COMPLAINT FOR DAMAGES, RESTITUTION AND INJUNCTIVE RELIEF

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION

Case 1:17-cv RC Document 8 Filed 09/25/17 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS COMPLAINT. Plaintiff Michael Landers, by and through his attorneys, for his

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PINELLAS COUNTY, FLORIDA CIVIL ACTION

Case 4:14-cv Document 1 Filed in TXSD on 09/08/14 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ORIGINAL COMPLAINT

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA JOHN JOSEPH BENGIS, an individual,

IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR ST. JOHNS COUNTY, FLORIDA

Case 2:14-cv JRG Document 1 Filed 05/14/14 Page 1 of 6 PageID #: 1

Case 1:18-cv BLW Document 1 Filed 01/17/18 Page 1 of 10

PETITION FOR CERTIFICATE OF REHABILITATION AND PARDON [Pursuant to Penal Code and ]

AGREED MOTION FOR ENTRY OF CONSENT JUDGMENT AND PERMANENT INJUNCTION

UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO : : : : : : : : : : :

Case 1:10-cv BAH Document 1 Filed 06/29/10 Page 1 of 12

Slip Op UNITED STATES COURT OF INTERNATIONAL TRADE. : Court No Defendant, -and- :

Case4:13-cv JSW Document112 Filed05/05/14 Page1 of 3

Case 2:12-cv TC Document 2 Filed 12/10/12 Page 1 of 16

Case 2:06-cv RSM Document 38 Filed 10/16/2007 Page 1 of 7

7:14-cv TMC Date Filed 10/21/14 Entry Number 1 Page 1 of 13

Case 3:13-cv B Document 1 Filed 03/27/13 Page 1 of 10 PageID 1

Case 2:15-cv Document 1 Filed 10/27/15 Page 1 of 23 Page ID #:1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ROME DIVISION

Case 6:13-cv MHS Document 1 Filed 03/01/13 Page 1 of 7 PageID #: 1

SECOND AMENDED COLLECTIVE AND CLASS ACTION COMPLAINT

Case 2:06-cv RSM Document 26 Filed 04/17/2006 Page 1 of 10

Case 4:15-cv Document 1 Filed 03/30/15 Page 1 of 5 PageID #: 1

Case: 1:13-cv Document #: 1 Filed: 07/09/13 Page 1 of 7 PageID #:1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

Case 1:11-cv JRH -WLB Document 1 Filed 07/21/11 Page 1 of 6

6:15-cv MGL Date Filed 10/13/15 Entry Number 26 Page 1 of 13

Case 2:11-cv WKW-WC Document 1 Filed 07/01/11 Page 1 of 15. IN THE UNITED STATES MIDDLE DISTRICT OF AL&BAMA," NORTHERN ifmi1jt ) )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

Case 3:18-cv BAJ-RLB Document 1 08/17/18 Page 1 of 12 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN ) ) ) ) ) ) ) ) ) ) )

Before the Court is Plaintiffs' Motion for Emergency. Preliminary Injunction. (Doc. 2.) The Court heard oral

case 4:12-cv RLM-APR document 10 filed 02/27/12 page 1 of 5 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA LAFAYETTE DIVISION

Case 1:14-cv JMS-MJD Document 1 Filed 01/09/14 Page 1 of 8 PageID #: 1

Filing # E-Filed 11/10/ :27:26 PM

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CASE NO.:

US DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

Notice of Petition; and, Verified Petition For Warrant Of Removal

Case3:14-cv Document1 Filed09/03/14 Page1 of 8

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA WESTERN DIVISION

Attorney for Plaintiff WORLD LOGISTICS SERVICES, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE CENTRAL JUSTICE CENTER

Case 1:19-cv REB Document 1 Filed 02/01/19 Page 1 of 10

similarly situated, seeks the recovery of unpaid wages and related damages for unpaid minimum wage and overtime hours worked, while employed by Bab.

Justice Court Petition

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION. Hon.

CHAPTER 3.05 PRAEDIAL LARCENY ACT

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Filing # E-Filed 03/07/ :02:15 AM

Case 3:14-cv AA Document 1 Filed 06/02/14 Page 1 of 14 Page ID#: 1

Transcription:

Case 4:14-cv-00035-WTM-GRS Document 1 Filed 02/24/14 Page 1 of 5 UNITED STATES OF AMERICA, Plaintiff, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION V. 576 BARRELS OF HONEY, Defendant. CIVIL CASE NO. CV414 -o35 COMPLAINT FOR FORFEITURE IN REM NOW COMES the plaintiff, the UNITED STATES OF AMERICA, by and through Edward J. Tarver, United States Attorney for the Southern District of Georgia, and brings its complaint alleging as follows in accordance with Supplemental Rule G(2) of the Federal Rules of Civil Procedure: NATURE OF THE ACTION AND BASIS FOR FORFEITURE 1. This is a civil action In Rem to forfeit property to the United States. 2. This court has jurisdiction pursuant to 28 U.S.C. 1345 and 1355. 3. Venue is proper within this judicial district pursuant to 28 U.S.C. 1395. 4. The Plaintiff is the United States of America, a sovereign nation authorized to sue. 5. The Defendant is 576 Barrels of Honey (hereinafter, "Defendant Property"). 6. In 2001, the United States Department of Commerce determined that

Case 4:14-cv-00035-WTM-GRS Document 1 Filed 02/24/14 Page 2 of 5 honey from the People's Republic of China (PRC) was being sold in the United States at artificially low prices and imposed anti-dumping duties on PRC-origin honey imported into the United States. 7. The United States Department of Homeland Security, Bureau of Customs and Border Protection (CBP), is responsible for, among other things, the examination of merchandise entering the United States to ensure that it is admissible and in compliance with United States laws, and the assessment and collection of taxes, fees, and duties on imported merchandise, including antidumping duties. 8. On or about October 10, 2011, YST Foods, Inc. (YST), as the importer of record, attempted to enter or introduce, or caused to be entered or introduced, into the United States through the Port of Savannah, three shipments, under entry numbers 082-0325970-3, 082-0325968-7, and 082-0325969-5, consisting of the Defendant Property, which was identified on the CBP entry form 3461 (Entry/Immediate Delivery) as "rice fructose syrup," whose country of origin was the PRC. As rice fructose syrup from the PRC, the merchandise would not be subject to the anti-dumping duties identified in Paragraph 6. 9. CBP analyzed samples from all three shipments and determined that the Defendant Property actually consisted of more than 50% natural honey by weight and, as such, was subject to the anti-dumping duties, which at that time, were $2.63 per net kilogram. 10. As stated above, YST attempted to enter or introduce, or caused to be 2

Case 4:14-cv-00035-WTM-GRS Document 1 Filed 02/24/14 Page 3 of 5 entered or introduced, into the commerce of the United States imported merchandise by means of false and fraudulent practice, statements, papers, and records, including CBP entry forms 3461 (entry-immediate delivery), bearing entry numbers 082-0325970-3, 082-0325968-7, and 082-0325969-5, that falsely declared the Defendant Property was "rice fructose syrup," when in fact, based on CBP's determination, the imported merchandise was PRO-origin honey and, therefore, subject to anti-dumping duties, thereby causing losses to the United States totaling approximately $439,315.00 in uncollected anti-dumping duties. 11. The Defendant Property is subject to forfeiture pursuant to 19 U.S.C. 1595a(c)(1)(A) as merchandise which was introduced or attempted to be introduced into the United States contrary to law, as merchandise which was smuggled or clandestinely introduced, contrary to 18 U.S.C. 541 and/or 18 U.S.C. 542 and/or 18 U.S.C. 545. 12. The Defendant Property was seized by U.S. Immigration and Customs Enforcement on November 16, 2011, at the Port of Savannah, Georgia, and is stored in the warehouse of the government's seized property contractor in Savannah, Georgia, in accordance with 19 U.S.C. 1605. 13. By reason of the foregoing, the Defendant Property has become forfeitable to the United States of America pursuant to 19 U.S.C. 1595a(c)(1)(A). WHEREFORE, Plaintiff, the United States of America, prays: 1. That due process issue to enforce the forfeiture and give notice to the interested parties to appear and show cause why forfeiture should not be decreed; 3

Case 4:14-cv-00035-WTM-GRS Document 1 Filed 02/24/14 Page 4 of 5 2. That the Defendant Property be condemned and forfeited to the United States of America to be disposed of according to law; 3. That this Court grant the government reimbursement of its costs and expenses, including advertising and/or publication costs incurred in this matter; and and proper. 4. That this Court grant such other and further relief as it may deem just This 24th day of February, 2014. P.O. Box 8970 Savannah, Georgia 31412 (912) 652-4422 Respectfully submitted, EDWARD J. TARVER UNITED STATES ATTORNEY Is/ Jeffrey Buerstatte Jeffrey J. Buerstatte Assistant United States Attorney Georgia Bar No. 093416 4

Case 4:14-cv-00035-WTM-GRS Document 1 Filed 02/24/14 Page 5 of 5 VERIFICATION OF COMPLAINT FOR FORFEITURE I, Jason W. Wilkes, Special Agent, Department of Homeland Security, Homeland Security Investigations, have read the Complaint for Forfeiture in this action and state that its contents are true and correct to the best of my knowledge and belief. Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing is true and correct. This 2 clay of February, 2014. JTi1 Special Agent Department of Homeland Security Homeland Security Investigations 5