Nufarm America's, Inc. v. United States

521 F.3d 1366 (2008)

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Nufarm America’s, Inc. v. United States

United States Court of Appeals for the Federal Circuit
521 F.3d 1366 (2008)

Facts

Nufarm America’s, Inc. (Nufarm) (plaintiff) imported chemical products into the United States. After further processing, Nufarm exported those chemical products to Canada, at which point the United States Customs Service (customs) (defendant) assessed deferred duties under 19 CFR § 181.53. Nufarm challenged customs’ determination, arguing that 19 CFR § 181.53 violated the Export Clause of the U.S. Constitution, which prohibited the assessment of any tax or duty exported from any state, both facially and as applied to Nufarm’s export of chemicals. The United States Court of International Trade granted summary judgment for customs, stating that 19 CFR § 181.53 established an import duty, not an export duty. Nufarm appealed.

Rule of Law

Issue

Holding and Reasoning (Raider, J.)

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