Legal Opinion
Orbisphere Corp. v. United States
United States Court of International Trade
Decided October 24, 1989No. Court 87-02-00404PublishedCited by 10 opinions
1Opinion of the Court
OPINION
MUSGRAVE, Judge.
The primary issue in this case is whether, in valuing plaintiff’s products for purposes of customs duties, the Customs Service properly used as its measure of value the “transaction value” of the imported merchandise, or should instead have used the “deductive value” of the merchandise as requested by the plaintiff here. The Court has jurisdiction under 28 U.S.C. § 1581(a), and finds that plaintiff has presented ample evidence to overcome the presumption of correctness of Customs’ valuation. 1 The proper basis for valuation of the merchandise is its “deductive value” as…
2Cases cited7 opinions
- W. H. Barber Co. v. McNamara-Vivant Contracting Co.Supreme Court of Minnesota · 1979
- National Corn Growers Ass'n v. BakerUnited States Court of International Trade · 1986
- Alabama Great Southern R. Co. v. McVayMississippi Supreme Court · 1980
- Dalesso v. Reliable-Triple Cee of North Jersey, Inc.Court of Appeals of Georgia · 1983
- Pasco Terminals, Inc. v. United StatesUnited States Customs Court · 1976
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Delchi Carrier Spa, Plaintiff-Appellee-Cross-Appellant v. Rotorex Corporation, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1995
- Chicago Prime Packers, Inc. v. Northam Food Trading Co.Court of Appeals for the Seventh Circuit · 2005
- Genpharm Inc. v. Pliva-Lachema A.S.District Court, E.D. New York · 2005
- Chicago Prime Packers, Inc. v. Northam Food Trading Co.District Court, N.D. Illinois · 2004
- VWP of America, Inc. v. United StatesUnited States Court of International Trade · 1997
5 more not listed; retrieve them via the Exa API.