Travenol Laboratories, Inc. v. United States

CLEVENGER, Circuit Judge.

This case asks whether certain provisions of the Customs Modernization Act (Mod Act) apply to goods entered before, but liquidated after, that act’s effective date of December 8, 1993. The Customs Service (Customs) contends, and the Court of International Trade agreed, that application of those provisions to such goods would be retroactive and impermissible, given the lack of a clear statement by Congress that it intended those provisions to be applied retroactively. Because we conclude that application of the relevant provisions of the Mod Act to the goods in…