United States v. Ford Motor Company

516 F. Supp. 2d 770 (2007)

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United States v. Ford Motor Company

United States District Court for the Western District of Texas
516 F. Supp. 2d 770 (2007)

Facts

Ford Motor Company (Ford) (defendant) imported vehicles into the United States from Mexico. Ford sought preferential duty treatment for its imports under the North American Free Trade Agreement (NAFTA). Several years after Ford’s requests for preferential tax treatment were granted, United States Customs and Border Protection (customs) (plaintiff) served Ford an administrative summons requiring Ford to produce certain documents related to the entry of vehicles for which Ford sought preferential treatment. The documents sought by customs provided information relating to the country of origin for the different components included in the vehicles. Ford objected and refused to produce the records, stating that NAFTA did not require Ford to produce the type of documents that customs sought. Customs issued a monetary penalty against Ford. Months later, customs sued Ford for failure to pay the penalty. Ford filed a motion to dismiss, arguing, among other things, that because NAFTA did not require Ford to produce the type of records customs requested, customs lacked the authority to issue a penalty for noncompliance with its production order. Ford further argued that the documents sought by customs were origin documents required to be kept by exporters rather than entry documents required to be kept by importers.

Rule of Law

Issue

Holding and Reasoning (Briones, J.)

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