Nissho Iwai American Corp. v. United States

982 F.2d 505 (1992)

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Nissho Iwai American Corp. v. United States

United States Court of Appeals for the Federal Circuit
982 F.2d 505 (1992)

Facts

Nissho Iwai American Corporation (NIAC) (plaintiff) was a middleman that imported 205 rapid-transit passenger cars manufactured by another company and sold them to the Metropolitan Transportation Agency of New York City (MTA). Under the contract, the MTA would pay NIAC $844,500 per car, which NIAC would purchase from the manufacturer for a smaller amount. These cars were manufactured to the specifications set by the MTA, which included requirements as to the type and origin of parts that were used in manufacturing the cars. Upon entry, the United States Customs Service (customs) (defendant) assessed duties on the cars based on the purchase price paid by the MTA. NIAC protested customs’ appraisal, arguing that the cars should have been appraised at the price paid by NIAC to the manufacturer. The United States Court of International Trade ruled in favor of customs, holding that the applicable transaction value was the price paid by the MTA to NIAC. NIAC appealed.

Rule of Law

Issue

Holding and Reasoning (Lourie, J.)

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