Labay International, Inc. v. United States

83 Cust. Ct. 152, 1979 Cust. Ct. LEXIS 1125
CourtUnited States Customs Court
DecidedDecember 21, 1979
DocketC.D. 4834; Court No. 76-11-02561
StatusPublished
Cited by5 cases

This text of 83 Cust. Ct. 152 (Labay International, Inc. v. United States) is published on Counsel Stack Legal Research, covering United States Customs Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Labay International, Inc. v. United States, 83 Cust. Ct. 152, 1979 Cust. Ct. LEXIS 1125 (cusc 1979).

Opinion

Maletz, Judge:

The only issue in this case — which has been submitted on a stipulation of facts — is whether the court has jurisdiction. Two questions are presented in this connection: (1) Whether a valid protest was filed within the 90-day period required by 19 U.S.C. 1514(b)(2); and (2) in the event a valid protest was filed within this time period, whether the action was commenced in this court within 180 days after notice of denial of such protest, as required by 28 U.S.C. 2631(a).

The case arises as follows: In April 1972, the merchandise here involved — consisting of drill pipe and equipment — was exported from Houston, Tex., to the Ivory Coast, West Africa. Thereafter, in November 1973, the merchandise was entered back into Houston without advancement in value or improvement in condition by any process of manufacture or other means while abroad. Accordingly, plaintiff claimed duty-free treatment for the merchandise under item 800.00 of the tariff schedules as American goods returned. The claim, however, was rejected by Customs because the necessary documentation was lacking. In that circumstance, the merchandise was liquidated on October 18, 1974, under item 610.52 as iron pipe and assessed duty at the rate of 13 percent ad valorem.

On December 4, 1974, plaintiff sent a letter to the district director of Customs at Houston requesting reliquidation of the merchandise pursuant to section 520(c)(1) of the Tariff Act of 1930, as amended (19 U.S.C. 1520(c)(1)).1 This letter read as follows:

C.E. 03673 of November 28, 1973; Liquidated October 18, 1974; Intairdril Co.; Customs bill number 80100990.
Disteict Director of Customs,
701 San Jacinto Street,
Houston, Tex.
Sir: In connection with the above reference, please find attached the following documents:
Copy of the export ocean bill of lading at Houston, Tex., executed on April 16, 1972, B/L 8 with attachments as to the items exported.
Copy of the export insurance certificate No. 6894 covering the export shipment.
AtwoodOceanics, Inc., export invoices Nos. 21200,21201,21208, 21207, covering the original exportation of this importation.
Copies of the shipper’s export declarations Nos. 76830, 76975, 76839, 77037.
International Tool invoice.
Telex of August 17, 1973.
Customs form 3311 completely executed.
This particular entry was placed away through error in our filing system, and only came to light upon liquidation of the entry.
[154]*154Under the circumstances withe [sic] documents attached and a completed Customs form 3311, we respectfully ask that the entry be reliquidated withe [sic] the cancelation [sic] of the duties assessed as provided for under section 520(c)(1), Tariff Act of 1930, as amended, as an inadvertence, and section 173.3 [sic], Customs Regulations.
Respectfully,
Labay International, Inc.,
Allen Labay.

This request for reliquidation was denied by Customs on December 4, 1974, the day of its receipt.

On January 17, 1975, 91 days after liquidation, plaintiff filed a protest on Customs form 19 which was denied on January 27, 1975, as untimely.

On February 4, 1975, plaintiff again wrote to the district director at Houston again requesting review of the entry relying upon section 520(c)(1) and section 173.4 of the Customs Regulations because of plaintiff’s inadvertence.

On March 25, 1975, the district director at Houston informed plaintiff that its request for reliquidation in its letter of December 4, 1974, was denied.

On May 9, 1975, plaintiff again filed a protest on Customs form 19 against the refusal to reliquidate under section 520(c) (1). This protest was denied on June 16, 1975.2

On September 23, 1976, plaintiff requested accelerated disposition of the letter filed on December 4, 1974. On October 22, 1976, the district director denied this request for accelerated disposition on the basis that he did not consider the letter of December 4, 1974, to be a protest.

On November 18, 1976, plaintiff filed summons No. 76-11-02561 in this court claiming that its alleged protest of December 4, 1974, was denied on October 23, 1976 [sic].

With these facts in mind, we consider now the first question— whether a legally sufficient protest was filed within the 90-day period required by 19 U.S.C. 1514(b)(2).-As to this, plaintiff’s position is that its letter of December 4, 1974, which was filed after the liquidation of the merchandise on October 18, 1974 — was a valid protest. The court agrees.

At the outset, it is to be observed that “a protest is not required to be made with technical precision, but the objections must be distinct, specific, and sufficient to show that the objection made * * * was in the mind of the importer and was brought to the attention of the [155]*155collector, so lie might have an opportunity to correct his mistake, if any.” Sturm, “A Manual of Customs Law” (1974), page 9. However cryptic, inartistic, or poorly drawn a communication may be, it is sufficient as a protest if it conveys enough information to apprise officials of the importer’s intent and the relief sought. Mattel, Inc. v. United States, 72 Cust. Ct. 257, C.D. 4547, 377 F. Supp. 955 (1974). In Mattel, it was held that a letter requesting correction under section 520(c) of the Tariff Act of 1930, as amended, and citing a case involving similar merchandise, was sufficient to meet the protest requirements of section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) since it set forth the importer’s claim clearly. The reference to section 520(c) was treated as a gratuitous addition. Since the claim was made within the statutory period for filing protests, the court held that it had jurisdiction.

Against this background, it must be concluded that the December 4, 1974 letter was sufficient as a protest since it conveyed enough information to apprise the district director of the importer’s intent and the relief sought. Thus, the letter itself and its attachments clearly indicated the entry number, the date of liquidation, the specific merchandise concerned, the dates of export of such merchandise from the Port of Houston, a request that the liquidated duties be canceled, and that plaintiff was claiming the merchandise in question consisted of American goods returned and should be classified as such under item 800.00, free of duty.

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Bluebook (online)
83 Cust. Ct. 152, 1979 Cust. Ct. LEXIS 1125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/labay-international-inc-v-united-states-cusc-1979.