Lawfirm

Penalty cases are abundant these days. In United States v. Horizon Products International, Inc. , the government is seeking $394,794 in unpaid duties and penalties plus interest. The imported merchandise is plywood and the underlying issue is whether the wood was properly classified. Horizon conceded that the merchandise was misclassified and that it owes about $70,000 in unpaid duties. The issue is the remaining penalties and interest. Regarding the pre-judgment interest on unpaid duties, the Court has the discretion to order or not order the payment of pre-judgment interest, which is intended to compensate the United States for the loss of the duties over time prior to payment. When deciding whether to award pre-judgment interest, the Court is supposed to provide full compensation while also considering several factors including: The degree of personal wrongdoing on the part of the defendant The availability of alternative investment opportunities for the plaintiff (i.e., the United ...

The ABA publishes an annual list of its top 100 legal blogs (or "blawgs"). If you read this blog and find it useful, please let the ABA know via their nomination form. Thank you. That ends our commercial message.

I got a nice shout out from Law and the Multiverse today. The post is about a law review article on using zombies as teaching tools in law school. Read the post and then read the full article.

My journey through menopause is more of an update since my "Mad at Menopause" article written a year ago.  Head on over and read that before diving in here to get the full story of my symptoms, frustrations and actions to resolve them. Instead of being mad at menopause, I am now calling it a journey through menopause.  The drastic symptoms have softened thanks to research, talking with my doctors, and making treatment decisions that best fit my body.  As women we will all experience menopause and the havoc placed upon our bodies during this transition.  Menopause is part of life and health and not a subject to be hushed and brushed under the carpet.  There is no shame or embarrassment discussing anything that relates to health and fitness.  We have lived too long with our heads tucked between our tails and still thinking how dare we use the term "vagina" in public.  Come on now, we are all grown women and men for that matter and this is a `need to ta...

Customs seized some televisions at the Port of Miami. The reason was an apparent counterfeiting of the trademarks HDMI and MHL, both of which are interface connections. You have probably seen HDMI cables and connectors. They look like big USB connectors and are present on may modern televisions, computers, and game consoles. MHL is the standard for Mobile High-Definition Link, which is a new standard designed to connect small devices such as smart phones to larger HD monitors. With an MHL connection, you can use your smartphone to stream content to your TV, which is a cool thing that can now be done via Chromecast or Miracast . I don't usually write about simple seizures, but this one and similar seizures bug me. Customs and Border Protection is in the habit of seizing electronics that identify electronic ports by type. For example, where a tablet has a USB port and labels it as such, CBP requires that the producer have a license to use the USB label, which is a registered trade...

After withdrawing the premium hatchback Jazz in 2013, Honda has relaunched Jazz with an aggressive pricing. Jazz is an interesting marketing story of a brand which failed not because of product but pricing. Honda had priced out Jazz in its earlier avataar. Now the company had become very responsive to the value conscious nature of the Indian consumer.  Jazz in the 2015 version has been priced upwards of Rs 5.31 lakh which makes a great value proposition in the segment. The Jazz will compete with i20 and higher version of Swift. The new aggressive pricing, new styling and the Honda brand equity will definitely boost the fortune of Jazz in the new launch.  Also unlike the earlier brand-pull strategy of Honda, there is a marked change in the approach of the dealers towards sales. I casually inquired about the Jazz at Honda service center when I gave my car for service and has been getting sales call for Jazz. This marks a clear departure from the earlier " Take it or Leave it " ...

Is there still a trend surrounding eating raw to allegedly preserve nutrients and avoid bad karma? I never understood it, nor do I believe there is any science behind it . I remember seeing a woman on a news show talking about how the enzymes in fruit dissolve unhealthy body fat, but she could not identify the enzymes or explain the mechanism. If you tell me you are on a juice cleanse, I will do my best not to scoff. If, however, you are looking for a raw alternative to an otherwise delicious tortilla, you might try a " Pure Wrap ," which is composed mainly of coconut meat that has been pulverized into a slurry and dehydrated into flat wraps. According to the folks at the company: Pure Wraps believes that food is medicine and illness begins with nutritional deficiencies. In order to support wellness and fight disease we need clean food from a clean environment. Therefore, we are committed to unlocking the value of food by combining the ancient wisdom about nourishment with nu...

This may be my shortest post ever. Want your GSP refunds? The information you seek is here and here .

Right now is what I have to work with.  I have learned from past mistakes and hurts,  overcome injuries through hard work, and this has taught me to make the most of my "nows".  It has also shown me how to celebrate every moment in this life. The road has been tough and sometimes still can be, but each day is about taking control of right now and becoming my best me.  Procrastination is a waste of life, body and soul and really a slap in our own faces when we don't take care of business.  Right now we have a choice to eat healthy , exercise and stop complaining about all the things wrong in our lives.  So many are caught up in all the negative stuff and can't see the forest through the trees. Instead of celebrating a pound lost, the happy event quickly becomes downgraded to "just a pound" and this has just ruined my day. We are the products of our daily choices.  It is important to take control of "right now" and not allow another day to pass with...

After having failed to convince the Court of International Trade that it had all the facts necessary to classify liquid-filled glass bulbs, Tyco is back. This time , the Court found that it had all the information needed to resolve the case. Unfortunately, Tyco did not get the result it wanted. This case involves the liquid-filled glass bulbs you often see in fire sprinkler systems. In the event of a fire, the liquid gets hot. As it heats up, it expands. If it gets hot enough, it shatters the glass. This is useful, because the glass was holding closed a valve. Once the glass is gone and the valve opens, water sprays on the fire. A similar arrangement is used as a safety device in water heaters. The legal question here is whether these bulbs are parts of sprinklers and water heaters in Chapter 84 or as articles of glass in Chapter 70. Tyco is arguing for Chapter 84. The problem for Tyco is that Chapter 84 includes Note 1(c), which excludes parts made of glass. To get around this limita...

Liril is back . After messing up the once iconic brand, HUL has relaunched Liril with the classic jingle and the iconic imagery of a girl in a waterfall  immortalized 40 years ago  by the original Liril girl - Karen Lunel .  After killing the freshness theme ( for whatever reasons) during early 1990s, the brand went into various positioning themes and later faded into oblivion. Now the brand is back to its roots. Watch the relaunch here : Liril relaunch While the relaunch brings back fond memory of this great brand to many of us, it may not ring the bell to the new generation. Nostalgia aside, the new ad is well made in the sense it is almost the same as the original ad. The brand is positioned on the freshness platform and now has the tagline " Fresh is back ". How ever, as a marketing enthusiast, I am happy for Liril to have made a come back. Kudos to HUL for biting the bullet and returning to the original positioning.  This is also a lesson for brand managers who...

This one is for Lando Calrissian and his doppelganger Billy Dee Williams . It has to do with the tariff treatment of malt beverages and whether they are, in fact, beer.The ruling is H243087 (Jan. 13, 2015). The beverages at issue are "Green Apple Sparkletini Italian Spumante" and similar products in raspberry and peach varieties. There is also a "Verdi Spumante." The obvious question is, "In what analysis is spumante beer?" Maybe in this case. The beverages are made from a mash of malted barley and non-malted cereals plus hops. That mixture is "wort," which is then mixed with brewer's yeast and allowed to ferment. So far, that sounds like beer to me. Hat tip to my local favorite But, the base is then filtered to remove color and aroma (two of the best parts of beer). This produces a clear base to which natural flavors in the form of "wine base" and sugar are added. We now have something that sounds a lot more like the Bartles &...

I recently posted this motivation on my Stay Healthy Instagram and Facebook : My Goal is to be my BEST ME, Fit Over 50 " I do take the time to read your feedback and comments left on motivation that I post and excited that you are striving to adopt a healthy lifestyle. Showing images of those who are dedicated to fitness to include myself are to encourage and inspire. I have also read feedback of a negative vain and I want to address that. I am going to get very personal with you and you can read more about me in my Blog if you choose. I am over 50, a fitness professional and freelance writer t hat works extremely long hours. My day does not end when I step out of my studio. I look the way I do because of the lifestyle I walk daily. I do not spend hours in the gym and in fact limit my workouts to one hour 5 days a week. I indulge on treats on occasion and eat incredible tasting healthy food. I am a woman of God and my faith helps me with inner strength and getting through each da...

Are YOU Shocked? I use a stimulant to boost my workout!  Are you shocked with that share?  If that was the only thing stated in this post, you may form an ugly opinion of me, and you still might but I will cough up the goods.  This substance is not found in supplement stores, is fairly inexpensive, and provides very effective metabolism boosting results.  Studies have given it rave reviews for not only helping with more efficient fat burning, but also reducing exercise induced muscle pain, improved mental focus, and reduced risk of disease. Five Reasons to Drink Coffee for a Fit Body Drum roll ... COFFEE !  I drink one and sometimes two cups of coffee per day prior to my workouts.  Two-cup days typically mean I feel sluggish and will need more of a boost to get me through the physical demands of my workout.  I must admit to enjoying my morning cup of Joe and it has become something that I look forward to mentally as well as physically.  I can fee...

Maruti Suzuki which has a bear grip on the Indian passenger car market is desperate for a share in the premium car market. While the company has huge lead in the mid and small car segment, it so far has not been able to break into the premium segment ( 10 lakh above). Maruti had tried earlier with its Grand Vitara, Baleno, and latest Kizashi but failed to replicate the success of its affordable car range.  Maruti Suzuki is now trying to go through the channel route to tap this segment. According to reports, the company is opening a premium channel named ( internally) as Nexa. Maruti plans to launch its premium cars  beginning with S-Cross through this channel. All cars which are in the premium segment will henceforth available only through Nexa.  Further , Maruti believes that there is a perception that the brand " Maruti Suzuki" is very much linked to " affordability" and hence it will not be able to sell a premium car.   Hence all the new premium cars will now con...

Is this the final conclusion of the International Custom Products case? Plaintiff has asked for, and the Court of International Trade has partially ordered, an award of attorney's fees under the Equal Access to Justice Act (EAJA). This case has a long and difficult history in the Court of International Trade and Court of Appeals for the Federal Circuit. I'm not going to do justice to the facts. Just understand that the company imported "white sauce," for which is obtained a tariff classification ruling from Customs and Border Protection in 1999. In 2009, via a "Notice of Action" (CF-29), Customs tried to change the classification in a way that resulted in a rate of duty increase of 2400%. The request for fees relates to one of several ICP cases. This one involved 11 entries after the CF29 that CBP liquidated at the higher rate of duty. The CIT and later the Federal Circuit ruled for ICP, holding that CBP had not properly revoked or modified the prior ruling...

From Business Standard