CIT Review Can't Stall FCA Suit Over Chinese Pipe Duties

Law360 (July 22, 2020, 6:51 PM EDT) -- A California federal judge ruled Tuesday that importers must face a whistleblower's False Claims Act suit alleging they evaded a triple-digit tariff on pipe fittings, rejecting their arguments that the case can't be adjudicated while the U.S. Court of International Trade reviews whether the fittings are subject to the duties.

In a four-page minute order, U.S. District Judge R. Gary Klausner held that the litigation concerns "concrete, non-hypothetical allegations" against three importers — Vandewater International Inc., Smith-Cooper International Inc. and Sigma Corp. — who are accused of making false statements to the government about the pipe fitting imports, causing the government...

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