Century Importers, Inc. v. United States

19 F. Supp. 2d 1124, 22 Ct. Int'l Trade 821, 22 C.I.T. 821, 20 I.T.R.D. (BNA) 1941, 1998 Ct. Intl. Trade LEXIS 117
United States Court of International Trade·Decided August 17, 1998·No. Slip. Op. 98-119. Court No. 95-02-00177·Published·Cited by 4 cases

Opinion

OPINION

RESTANI, Judge.

This action is before the court on crossmo-tions for summary judgment, pursuant to USCIT Rule 56. The court has jurisdiction pursuant to 28 U.S.C. § 1581(a) (1994), as plaintiff challenges denial of its protest of a Customs valuation decision with regard to beer imported from Canada.

FACTS

The merchandise at issue was imported via four entries made in 1993. At the time of entry normal duty rates had been replaced by a 50 percent duty. By virtue of a “Side Letter Agreement,” dated January 14, 1993, the exporter, Molson Brewing Company, agreed to reimburse Miller Brewing Company for the duty paid. 1 One of Miller’s subsidiaries, Century Importers, is the importer of record. Another subsidiary paid the original invoice price to Molson and after importation Molson reimbursed it for the duties paid. Thus, as of January 14, 1993, the sum total of the sales agreements resulted in a price (known as the “Transfer Price”) which was to be the same from Miller’s point of view, no matter what the duty rate. From Molson’s point of view, what it actually received in payment was going to change depending on the duty paid. This appears to be essentially a “duty paid” price transaction. The parties, however, did not label this a “duty paid” transaction, nor did the papers submitted at entry reflect anything other than a unitary invoice price.

Plaintiff asserts that, nonetheless, this was a “duty paid” transaction and that this was revealed to Customs when plaintiff presented the side agreement to Customs prior to liquidation of the entries, together with evidence of the monetary adjustments made between Molson and Miller after the duty was paid. 2 Defendant argues that it properly calculated transaction value for purposes of calculation of duties. Defendant states that there was only a transaction price, and it did not include duties. The adjustment for which plaintiff seeks credit, it asserts, is a post-importation rebate to price which is not relevant to the transaction value calculation.

Post-importation adjustments to price are not considered in calculating the transaction value of the merchandise, but duties ultimately paid by the exporter are not dutiable if the duty is identified separately from the price. See 19 U.S.C. § 1401a(b)(4)(B) (1988). The issue for the court to resolve, then, is whether a duty component of transfer price was identified separately from the price of the merchandise, and at what juncture the duty must be so identified.

DISCUSSION

It is clear from the statute and regulations that, for transaction value purposes, it does not matter what method is used to arrive at the price. See 19 U.S.C. *1126 § 1401a(b) (1988); 3 see also 19 C.F.R. § 152.103 (1993)(“the price ... will be considered without regard to its method of derivation.”) 4 Thus, neither Molson or Miller’s understanding of the value of the goods, nor the sequence of documents or any other similar matter is relevant. Price is determinative, no matter how it is reached. Further, repayment of duties to the importer after importation to fulfill the bargain in a “duty paid” sale is not a “rebate of price” within the meaning of 19 U.S.C. § 1401a(b)(4) (1988). 5 The importer pays the duty in the first instance and the exact amount of duty is not known until liquidation, which occurs after importation. See Deposition of John T. Ryan, at 18, 20, Def.’s Opp. Br., at Ex. F, at 5, 6. (U.S. Customs Field National Import Specialist, as representative of defendant) [hereinafter “Ryan Deposition”]. Both parties agree that the net payment to the exporter, which is usually made after importation, would not include the amounts paid as duty, in the normal duty paid price case. Defendant has not demonstrated that a post-importation adjustment between the parties solely on account of the duties paid by the importer is substantively different from a post-importation net payment that excludes duties paid by the importer.

*1127 The court concludes there is no conflict between the direction of 19 U.S.C. § 1401a(b)(3)(B) not to calculate a transaction value which includes an identified customs duty and the direction of 19 U.S.C. § 1401a(b)(4) not to lower the transaction value price to reflect post-importation rebates of price. A repayment of identified duties is not a “rebate of price” within the meaning of the statute. The statute clearly distinguishes between duty adjustments and adjustments to price. As neither Allied International v. United States, 16 CIT 545, 795 F.Supp. 449 (1992), nor Esprit de Corp. v. United States, 17 CIT 195, 817 F.Supp. 975 (1993), relied on by defendant, involved post-importation repayment of duty in a “duty paid” transaction, they are inapposite.

As indicated, it is undisputed that at the time of entry, the sales price contained in the invoices accompanying the entry papers did not indicate to Customs that the transaction involved a duty paid sale. The issue is whether this is crucial and whether plaintiff is precluded from providing the information at a later date. The statute suggests that the entry documentation should break out the price from the duty, see 19 U.S.C. § 1401a(b), but the Ryan deposition makes clear that all that is needed in the entry documentation is an indication that the sales price is “duty paid,” because specific duty rates are applicable and Customs uses a formula to calculate the price portion of the “duty paid” price. Ryan Deposition, at 20, Def.’s Opp. Br., at Ex. F, at 6. Thus, to Customs, duties are separately identified as long as the transaction is denominated “duty paid.” It is not necessary to say, X amount is the price portion and Y amount is the duty portion. In any ease, by the time of liquidation, the original duty portion of the transfer price was identified because the adjustments were known.

What occurred in this case was an error in the preparation of the entry papers, so that the duty-paid nature of the price was not indicated at entry. Under 19 U.S.C. § 1520(a) (1988), documentary errors of this type in entry papers ordinarily may be corrected.

Free access — add to your briefcase to read the full text and ask questions with AI

Century Importers, Inc. v. United States, 19 F. Supp. 2d 1124, 22 Ct. Int'l Trade 821, 22 C.I.T. 821, 20 I.T.R.D. (BNA) 1941, 1998 Ct. Intl. Trade LEXIS 117 (cit 1998).

19 F. Supp. 2d 1124 (Century Importers, Inc. v. United States) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Century Importers, Inc. v. United States
205 F.3d 1308 (Federal Circuit, 2000)