Ford Motor Company v. United States
United States Court of Appeals for the Federal Circuit
715 F.3d 906 (2013)
- Written by Gonzalo Rodriguez, JD
Facts
Ford Motor Company (Ford) (plaintiff) imported into the United States vehicles originating from signatory countries of the North American Free Trade Agreement (NAFTA). Within one year of entry, Ford filed a request for preferential tariff treatment of the vehicles under NAFTA. However, Ford’s request did not include the certificates of origin that NAFTA and its implementing regulations required. Further, Ford did not obtain within one year of entry a waiver of the requirement to submit certificates of origin from United States Customs and Border Protection (customs) (defendant). Citing Ford’s failure to submit the certificates or obtain waivers, customs denied Ford’s request for preferential treatment. Ford challenged customs’ denial, arguing that customs could not lawfully interpret NAFTA in two different ways. Specifically, Ford argued that customs had implemented its waiver power under NAFTA through its reconciliation program, under which importers were not required to submit certificates of origin within one year of entry. While Ford did not participate in the reconciliation program, Ford argued that customs’ denial of Ford’s request due to its failure to submit certificates of origin amounted to an unlawful and inconsistent interpretation of NAFTA. Ford also argued that under 19 C.F.R. § 10.112, a regulation preceding NAFTA, it was allowed to file the certificates after the one-year deadline because it did not fail to file the certificates out of willful negligence or fraudulent intent. The United States Court of International Trade dismissed Ford’s conflicting interpretations and § 10.112 arguments and instead agreed with customs that Ford’s failure to file certificates of origin was dispositive. Ford appealed.
Rule of Law
Issue
Holding and Reasoning (Reyna, J.)
Dissent (Newman, J.)
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