Top Form Brassiere Mfg. Co. v. United States

342 F. Supp. 1167 (1972)

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Top Form Brassiere Mfg. Co. v. United States

United States Customs Court
342 F. Supp. 1167 (1972)

Facts

Beacon Shipping Co. (Beacon), an importer, made seven entries for the importation of goods for American Brasserie Corp. (American), the actual owner of the imported goods. United States customs officers appraised the value of the imported goods above the value declared in the entry documents. Top Form Brasserie Mfg. Co. (Top Form) (plaintiff) filed an appeal before the United States Customs Court for reappraisement of all seven entries on behalf of American. The United States (defendant) moved to dismiss the appeal because Top Form had no standing to bring the appeal. Specifically, it argued that because only the consignee was liable for import duties, only the consignee or an agent could seek reappraisement. In response, Top Form argued that its right to appeal as an agent of American was based on American’s liability to the United States for payment of the duties.

Rule of Law

Issue

Holding and Reasoning (Re, J.)

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