US Wants NAFTA Gas Duty Challenge Nixed

Law360, New York (December 15, 2010, 2:11 PM EST) -- The U.S. government has asked a court to throw out the key claim in an energy company's suit over duties on Canadian gas imports, saying it lacks subject matter jurisdiction on the question of whether the gas was tax-exempt under the North American Free Trade Agreement.

Plaintiff Selkirk Cogen Partners LP failed to claim NAFTA exemption on the gas within a year of entry, meaning liquidation by U.S. Customs & Border Protection was never protestable, according to a motion lodged Tuesday in the U.S. Court of...
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