US v. UPS Customhouse Brokerage, Inc., No. 08-1409

By FindLaw Staff on August 11, 2009 | Last updated on March 21, 2019

In a dispute involving misclassifications within customs entry documents, Court of International Trade judgment is affirmed in part and vacated in part where: 1) the court properly held that defendant misclassified certain merchandise under the Harmonized Tariff Schedule of the United States; and 2) the court erred in upholding the Bureau of Customs and Border Protection's determination that UPS did not exercise responsible supervision and control in violation of 19 U.S.C. sec. 1641, as Customs did not consider all of the factors in the statute defining responsible supervision and control.

Read U.S. v. UPS Customhouse Brokerage, Inc., No. 08-1409

Appellate Information
Appeal from the United States Court of International Trade.
Submitted: March 11, 2009
Filed: August 11, 2009

Judges
Before SCHALL, ARCHER, and MOORE, Circuit Judges.
Opinion by ARCHER, Circuit Judge.

Counsel
For Plaintiff: Patricia M. McCarthy, United States Department of Justice, Washington, DC.

For Defendant: Terence J. Lynam, Akin Gump Strauss Hauer & Feld LLP, Washington, DC.