United States v. Nitek Electronics, Inc.

844 F. Supp. 2d 1298 (2015)

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United States v. Nitek Electronics, Inc.

United States Court of International Trade
844 F. Supp. 2d 1298 (2015)

Facts

Nitek Electronics, Inc. (Nitek) (defendant) imported gas-meter swivels and nuts from China into the United States. In 2004, United States Customs and Border Protection (customs) (plaintiff) issued a letter to Nitek claiming that Nitek had incorrectly classified its imports, resulting in an underpayment of duties, and demanding payment of those duties. In 2005, customs issued a pre-penalty notice, alleging a “tentative culpability” of gross negligence and listing all alleged violations. In 2011, customs issued a final penalty claim, again alleging a tentative culpability of gross negligence. Customs then filed an enforcement action before the United States Court of International Trade, seeking to impose penalties on Nitek. In the lawsuit, customs stated that it sought penalties under a negligence level of culpability. Nitek filed a motion to dismiss, arguing that customs had not perfected its claim under a negligence theory because customs notices were premised on a culpability level of gross negligence, not negligence.

Rule of Law

Issue

Holding and Reasoning (Barzilay, J.)

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