Legal Opinion

Degussa Canada Ltd. v. United States

Court of Appeals for the Federal Circuit

Decided June 24, 1996No. 95-1449PublishedCited by 11 opinions

1Opinion of the Court

FRIEDMAN, Senior Circuit Judge.

Under 19 U.S.C. § 1520(c)(1) (1988), the Customs Service (Customs) “[Notwithstanding [that] a valid protest was not filed,” may reliquidate a previous entry to correct a “mistake of fact ... in any ... liquidation.” The question is whether the Court of International Trade correctly held that the district director’s unawareness when he liquidated certain entries that the classification of other entries of the same merchandise by another district director was under review by Customs Service headquarters, was not such a “mistake of fact” that justified…

2Cases cited5 opinions

  1. United States v. C. J. Tower & Sons of Buffalo, Inc.Court of Customs and Patent Appeals · 1974
  2. C. J. Tower & Sons of Buffalo, Inc. v. United StatesUnited States Customs Court · 1972
  3. United States v. Utex International Inc., and Sentry Insurance CompanyCourt of Appeals for the Federal Circuit · 1988
  4. Itt Corporation v. United StatesCourt of Appeals for the Federal Circuit · 1994
  5. Degussa Canada Ltd. v. United StatesUnited States Court of International Trade · 1995

3Cited by11 opinions

  1. Executone Information Systems v. United StatesCourt of Appeals for the Federal Circuit · 1996
  2. Chrysler Corp. v. United StatesUnited States Court of International Trade · 2000
  3. Black & White Vegetable Co. v. United StatesUnited States Court of International Trade · 2000
  4. Zaki Corp. v. United StatesUnited States Court of International Trade · 1997
  5. G & R Produce Co. v. United StatesCourt of Appeals for the Federal Circuit · 2004

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