Fed. Circ. Brings Stability To Import Penalty Cases

By Alex Lawson (December 2, 2015, 6:58 PM EST) -- The Federal Circuit handed a decisive victory to Nitek Electronics Inc. on Tuesday when it ruled the U.S. Department of Justice couldn't hold the company to a different level of culpability for duty evasion penalties than U.S. Customs and Border Protection, bringing consistency to administrative and civil proceedings.

In its Nitek decision, the three-judge panel made clear that the government could not bring its case against the importer for penalties stemming from unpaid duties on Chinese gas meter parts based on a standard of negligence because CBP had handed down its penalty based on the higher standard of gross negligence....

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