Fabil Manufacturing Co. v. United States

OPINION

GOLDBERG, Judge.

This case comes before the Court on cross-motions for summary judgment. Plaintiff Fabil Manufacturing Co. (“Fabil”) challenges defendant United States Customs Service’s (“Customs”) refusal to grant an allowance in the appraised value of certain imported jackets under 19 C.F.R. § 158.12. Specifically, Fabil asserts that because the merchandise contained latent defects at the time of importation, Customs should have granted Fabil an allowance in value and refund of duties pursuant to section 158.12. Fabil claims the defective merchandise was a total loss and requests an…