Saab Cars USA v. United States
United States Court of Appeals for the Federal Circuit
434 F.3d 1359 (2006)
- Written by Gonzalo Rodriguez, JD
Facts
Saab Cars USA (Saab) (plaintiff) imported automobiles into the United States. Because Saab declared its imported vehicles as free of defects upon arrival, Saab also declared as the transaction value for duty-calculation purposes the price it paid for the automobiles. Accordingly, the United States Customs Service (customs) (defendant) calculated import duties based on the transaction value reported by Saab. Sometime after, Saab discovered that some of the automobiles arrived with defects and filed protests with customs demanding duty allowances for latent defects under 19 C.F.R. § 158.12. Customs denied the protests, stating that 19 C.F.R. § 158.12 provided relief not for latent defects, but rather for merchandise damage that was discovered or readily discoverable at importation. Customs based its argument on the regulatory text, which provided that “[m]erchandise . . . which is found by the port director to be partially damaged at the time of importation shall be appraised in its condition as imported.” Saab challenged the denials to the United States Court of International Trade, which agreed with Saab that § 158.12 permitted allowances for latent defects. Customs appealed.
Rule of Law
Issue
Holding and Reasoning (Gajarsa, J.)
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