CBP Instructs the Ports to Deny "Test Case" HMF Protests Related to Imports
U.S. Customs and Border Protection (CBP) has issued an administrative message announcing that on May 17, 2004, the U.S. Supreme Court denied the writs of certiorari filed by Thomson Inc. and CF Industries, in which they asked the court to review decisions by the Court of Appeals for the Federal Circuit (CAFC) which upheld the harbor maintenance fee (HMF) on waterborne imports and waterborne domestic unloadings.
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(Litigation for Thomson Inc. has also been under its former names of Thomson Consumer Electronics Inc. and Thomson Multimedia Inc.)
CBP to Deny All Test Case HMF Protests
As a result of this Supreme Court action, CBP states that all protests of the HMF that were suspended based on test case 950700917 (Thomson Electronics vs. U.S. (950300277) and Amoco Oil vs. U.S. (950700971)) can now be denied.
(See ITT's Online Archives or 08/27/03 news, 03082735 for BP summary of CAFC ruling in Thomson Multimedia Inc. and CF Industries Inc. vs. U.S. upholding the CIT's grant of summary judgment in favor of the U.S., affirming the HMF on waterborne imports and waterborne domestic unloadings.
See ITT's Online Archives or 12/21/00 news, 00122060 for BP summary of CAFC ruling in Amoco Oil Company vs. U.S. CIT's decision upholding the HMF on waterborne imports.)
CBP Adm: 04-1371 (dated 05/27/04) available by fax or email by emailing documents@brokerpower.com