United States Federal Circuit

On appeal from an order of the United States International Trade Commission assessing a civil penalty against companies for failure to comply with exclusion and cease and desist orders arising from violation of section 337 of the Tariff Act, the Commission's orders are affirmed, where: 1) the Commission's ruling that its orders were violated with knowledge and in bad faith was supported by substantial evidence and was in accordance with law; 2) the penalty was within the Commission's authority, and in accordance with the legislative purpose, so there was no abuse of discretion in its imposition or its amount; 3) the assessment of joint and several liability of the three defendant entities was commensurate with the evidence of control, commercial relationships, monetary flow, and knowing violation of the Commission's orders; and 4) there was no violation of constitutional structure in the Commission's authority to levy a civil penalty, and no violation of constitutional protections in the procedures followed and the penalty assessed.

Appellate Information

• Decided 02/08/2012
• Published 02/08/2012

Judges

• Newman

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Edward F. O'Connor, Wayne W. Herrington