Legal Opinion
United States v. Universal Fruits and Vegetables Corporation David Pai, AKA Shih Wei Pai Jason Pai, AKA Chung Sheng Pai
Court of Appeals for the Ninth Circuit
Decided March 17, 2004No. 02-55340PublishedCited by 6 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
We must decide which court — a federal district court or the Court of International Trade — -has jurisdiction over an action brought by the United States under the False Claims Act arising out of an importer’s scheme to avoid paying customs duties.
I
In July of 1994, the United States Department of Commerce (“Department”) issued a preliminary determination that fresh garlic from the People’s Republic of China (PRC) was being “dumped” into the United States. See 59 Fed.Reg. 35310-12 (July 11, 1994). 1 Pursuant to its authority under the Tariff Act of 1930, the…
2Cases cited12 opinions
- Roland A. Leblanc v. United StatesCourt of Appeals for the Federal Circuit · 1995
- Shekoyan v. Sibley International Corp.District Court, District of Columbia · 2002
- United States ex rel. Hopper v. AntonCourt of Appeals for the Ninth Circuit · 1996
- K Mart Corp. v. Cartier, Inc.Supreme Court of the United States · 1988
- Trayco, Incorporated v. The United StatesCourt of Appeals for the Federal Circuit · 1993
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Former Employees of Quality Fabricating, Inc. v. United States Dep't of LaborUnited States Court of International Trade · 2004
- United States v. Universal Fruits & Vegetables Corp.United States Court of International Trade · 2006
- United States v. Universal Fruits & Vegetables Corp.United States Court of International Trade · 2005
- Aluminerie Becancour, Inc. v. United StatesUnited States Court of International Trade · 2004
- Cricket Hosiery, Inc. v. United StatesUnited States Court of International Trade · 2004
1 more not listed; retrieve them via the Exa API.