Koru North America v. United States

701 F. Supp. 229 (1988)

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Koru North America v. United States

United States Court of International Trade
701 F. Supp. 229 (1988)

JL

Facts

Koru North America (plaintiff) exported frozen Hoki fillets to the United States. The fillets were made from fish caught off the coast of New Zealand in an exclusive economic zone (EEZ) by ships flying the flags of New Zealand, Japan, and the Soviet Union. After the fish were caught, preliminary preparation was completed on the ship and eventually offloaded in New Zealand. The New Zealand Ministry of Agriculture and Fisheries inspected the fish and certified them as being of New Zealand origin. The fish were then frozen and shipped to Korea for further processing, where they were thawed, skinned, boned, trimmed, glazed, refrozen, and packaged for exportation into the United States. When the fish arrived in Korea, they had the look of whole fish without heads and were called headed and gutted Hoki. After the processing in Korea, the fish had been trimmed and cut into fillets, no longer possessed the essential shape of a fish, and were known as fillets. Koru then marked the fillets as products of New Zealand and exported the fillets to the United States. Upon arrival, United States Customs (defendant) inspected the products and denied entry for being improperly marked with the country of origin. Customs determined that the proper country of origin was the Soviet Union. Koru filed a lawsuit in the United States Court of International Trade and challenged the decision.

Rule of Law

Issue

Holding and Reasoning (Tsoucalas, J.)

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