CIT Judge Rules Against Importer in Four Orders Concerning Imported Surge Protectors Case

Court of International Trade Judge Leo Gordon ruled against importer Cyber Power Systems in four motions -- two from Cyber Power, and two from the government -- in a case regarding the country of origin of imported surgery protectors (Cyber Power Systems v. U.S., CIT #20-00124).

In two separate orders, Gordon has denied Cyber Power Systems' Aug. 1 motion to bar testimony by two CBP officials, Karl Moosbrugger and Linda Horacek. Cyber Power said that the officials have "no actual knowledge of [Cyber Power's] manufacturing activities ... and they have not been qualified to provide expert testimony," when the company moved to bar their testimonies on Aug. 1 (see 2208020071).

In two separate orders, Gordon partially sided with the government's argument that an affirmation by attorney Patrick Klein did not affirm or certify foreign records and that "bills of materials" were merely summaries and barred the affirmation and three documents from evidence. The government argued that Cyber Power has "not established the authenticity or admissibility of the documents underlying the summaries [and] Cyber Power’s counsel cannot serve as a foundational witness for the summaries that counsel created."