U.S. Court of International Trade Cases in 2011 in Penalty and Liquidated Damages Collection Actions under 28 U.S.C. S. 1582 and Its First Government Procurement Country of Origin Case under 28 U.S.C. S. 1581(e)

By Junker, Joel R. | Georgetown Journal of International Law, Fall 2012 | Go to article overview

U.S. Court of International Trade Cases in 2011 in Penalty and Liquidated Damages Collection Actions under 28 U.S.C. S. 1582 and Its First Government Procurement Country of Origin Case under 28 U.S.C. S. 1581(e)


Junker, Joel R., Georgetown Journal of International Law


TABLE or CONTENTS

I.   INTRODUCTION
II.  THE COURT'S FIRST RULING UNDER 28 U.S.C. [section] 1581 (e) FINDS
     JURISDICTION TO REVIEW A CUSTOMS RULING THAT DOES NOT
     COMPLY WITH A STATUTORY REQUIREMENT THAT IT DETERMINE
     THE COUNTRY OF ORIGIN FOR GOVERNMENT PROCUREMENT
     ELIGIBILITY
     A. Xerox Corp. v. United States
        1. Section 305 (b) (1) of the Trade Agreements Act
           of 1979
        2. Case Background
        3. Case Holding and Reasoning
           i.  Whether HQ H009107 Is a Section 305(b)(1) Determination
           ii. Whether Xerox's Claim Is a Justiciable Issue
III. IN ACTIONS TO COLLECT DUTIES AND LIQUIDATED DAMAGES
     UNDER 28 U.S.C. [section] 1582, IMPORTERS AND SURETIES LOST
     DEFENSES CONCERNING PAYMENT OF ANTIDUMPING AND
     COUNTERVAILING DUTIES AND PAYMENT OF PREJUDGMENT
     INTEREST
     A. United States v. American Home Assurance Co.
        1. Case Background
        2. Case Holding and Reasoning
     B. United States v. Great American Insurance Co. of
        New York
        1. Case Background
        2. Case Holding and Reasoning
           i.   The Bonds We're Not Invalid Under Agency Law
                Because the Agents Had Apparent Authority to Issue
                the Bonds and Customs Did Not Authorize Bonds in
                Excess of the Limits Specified in Its Database
           ii.  Lack of Notice of Suspension of Liquidation Did
                Not Invalidate That Suspension, Regardless of the
                Level of Prejudice Caused
           iii. Customs' Failure to Give Great American Notice of
                the Suspension of Liquidation Did Not Invalidate
                the Suspension, and Great American's Obligations
                Under the Bonds Were Not Discharged Because the
                Error Was Harmless
           iv.  The Government's Claims Regarding Two Entries
                That Liquidated Earlier Than the Rest Were Time-Barred
     C. United States v. Canex International Lumber Ltd
        1. Case Background
        2. Case Holding and Reasoning
           i.  The Related Federal Circuit Review of Whether the
               Classification of Merchandise Required SLA Permits
               Was Found Not to Be "Pertinent" and Did Not
               Prevent the Court from Having Jurisdiction Over a
               Ripe Liquidated Damages Claim
           ii. Prejudgment Interest Was Ordered Under the Court's
               Equity Powers in Amounts Exceeding the Bond
               Amounts Despite the Absence of Any Bad Faith
               Dilatory Failure to Pay Liquidated Damages
IV.  THE COURT ADDRESSED 19 U.S.C. [section] 1592 ISSUES OF LEVEL OF
     CULPABILITY, CALCULATION OF PENALTIES, AND PERSONAL
     SERVICE REQUIREMENTS UNDER 28 U.S.C. [section] 1582
     A. United States v. Trek Leather, Inc.
        1. Case Background
        2. Case Holding and Reasoning
     B. United States v. Inner Beauty International (USA)
        Ltd.
        1. Case Background
        2. Case Holding and Reasoning
     C. United States v. Zatkova
        1. Case Background
        2. Case Holding and Reasoning
V.   CONCLUSION

I. INTRODUCTION

In 2011, the U.S. Court of International Trade issued for the first time a decision within its exclusive jurisdiction under 28 U.S.C. [section] 1581(e) (1) over challenges to determinations pursuant to section 305(b)(1) of the Trade Agreements Act of 1979 (2) (TAA) on whether "an article is or would be a product of a foreign country or instrumentality" for purposes of favorable treatment in the U.S. government procurement process. The Court's opinion took care to protect the scope and exercise of its jurisdiction under section 1581(e) in a manner more assertive than for some of its other jurisdictions.

In addition, the Court rendered in 2011 six decisions that refined substantive and procedural holdings under its jurisdiction in 28 U.S.C. [section] 1582 (3) over certain types of collection actions brought by the United States against importers and sureties. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

U.S. Court of International Trade Cases in 2011 in Penalty and Liquidated Damages Collection Actions under 28 U.S.C. S. 1582 and Its First Government Procurement Country of Origin Case under 28 U.S.C. S. 1581(e)
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.