Global Trading, Inc. v. United States

WATSON, Judge:

Plaintiff has moved for summary judgment that the export value of its imported strawberries was the price paid by planintiff to the Mexico exporter. The motion is denied on the ground that there remains a triable issue of fact in this action.

Plaintiff imported frozen strawberries from Irapuato, Mexico in 1979. The defendant appraised the strawberries on the basis of export value at the price of merchandise produced by another Mexican exporter, as authorized in 19 U.S.C. § 1401a(f)(4)(B). Plaintiff contends that the proper basis for determining export value is the price it paid…