Communications Litigation Today was a Warren News publication.

CIT Rejects Meyer Corp's Bid for First Sale Treatment on Cookware Imports

The Court of International Trade in a Feb. 9 opinion rejected Meyer Corp.'s bid for first sale treatment of its cookware imports, with Judge Thomas Aquilino denying the importer's request for a retrial. The judge held firm on a prior judgment in the case -- before it was appealed to the Federal Circuit -- which held that, because the court doesn't know the extent to which parent company Meyer Holdings had the ability to influence the price paid for the goods sold between affiliates, the use of first sale was not supported.