United States v. Golden Ship Trading Co.

25 Ct. Int’l Trade 40 (2001)

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United States v. Golden Ship Trading Co.

United States Court of International Trade
25 Ct. Int’l Trade 40 (2001)

Facts

Golden Ship Trading Company (Golden Ship) (defendant) entered into an arrangement with an exporter to import T-shirts into the United States from the Dominican Republic. Without verifying the accuracy of the information provided by the exporter, Golden Ship signed the entry documents attesting that the origin of the T-shirts was the Dominican Republic. In reality, the T-shirts were manufactured in China and sent to the Dominican Republic, where the sleeves were attached—a process insufficient to result in a reclassification of the T-shirts as a product from the Dominican Republic. The United States Customs Service (customs) (plaintiff) discovered the scheme and sought to impose civil penalties on Golden Ship for filing materially false documents indicating the wrong country of origin. In response, Golden Ship argued that it was not negligent, but instead defrauded by the exporter. Customs filed for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Barzilay, J.)

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