Netchem, Inc. v. United States

961 F. Supp. 2d 1336 (2014)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
N
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Netchem, Inc. v. United States

United States Court of International Trade
961 F. Supp. 2d 1336 (2014)

Facts

Netchem Inc. (plaintiff) imported the chemical lanthanum oxide into the United States through multiple ports and entered these imports as “rare-earth oxides” under Harmonized Tariff Schedule of the United States (HTSUS) subheading 2846.90.2010, a duty-free classification. United States Customs and Border Protection (customs) (defendant) reclassified Netchem’s entries as other compounds or mixtures of rare-earth metals under subheading 2846.90.8000, under which imports were subjected to a 3.7 percent duty. Netchem filed a protest on March 19, 2012, with the Port of Buffalo asking customs to reclassify over 50 entries, many which had occurred at other ports, some that had yet to be liquidated, and others that had yet to be paid. Customs refused to rule on the claims because many of the entries occurred at other ports and returned the petition to Netchem. Netchem assumed the petition was denied and filed suit before the United States Court of International Trade. During trial, customs argued that the court lacked jurisdiction to decide on any of the claims because the entries involved were either untimely liquidated or paid, or the protests were filed at the wrong port.

Rule of Law

Issue

Holding and Reasoning (Goldberg, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 802,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 802,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 802,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Trade Law

Key Terms

Related Videos