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United States Federal Circuit


BMW MFG. CORP. v. US, 00-1135

Under 19 CFR 24.24(e)(2)(iii), Harbor Maintenance Tax liability is imposed upon cargo admitted into a Foreign Trade Zone, and is due immediately upon cargo unloading per section 4461(c)(2) of the Internal Revenue Code.

Appellate Information

  • Decided 03/05/2001
  • Published 03/05/2001

Judges

  • LOURIE, Circuit Judge., Before MICHEL, LOURIE, and CLEVENGER, Circuit Judges.

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • Sidney H. Kuflik,Lamb and Lerch, of New York, NY, argued for plaintiff-appellant.   With him on the brief was David R. Ostheimer.

  • For Appellees:
  • Jeffrey A. Belkin, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee.   With him on the brief were David M. Cohen, Director;  Jeanne E. Davidson, Deputy Director;  and Todd M. Hughes, Assistant Director.   Of counsel on the brief was Richard McManus, Attorney, Office of General Counsel, United States Customs Service, of Washington, DC.
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