United States Federal Circuit

A decision of the United States Court of International Trade holding Ford liable for negligent misrepresentation of the value of import entries and imposing a penalty of nearly $17,000,000 is reversed in part as due process considerations preclude the imposition of penalties on Ford for violation of the duty to disclose provisional pricing under 19 U.S.C. section 1484, and the trial court incorrectly or inadvertently included in its damages calculations tenders that did not violate section 1592 and tenders that occurred outside the scope of the investigation.

Appellate Information

• Decided 08/30/2006
• Published 08/30/2006

Judges

• GAJARSA, Circuit Judge., Before NEWMAN, RADER, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• David A. Levitt, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for plaintiff-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Patricia M. McCarthy, Assistant Director.   Of counsel on the brief were Kathleen Bucholtz and Katherine F. Kramarich, Attorneys, Office of Associate Chief Counsel, United States Customs and Border Protection, of Chicago, Illinois., Charles J. Cooper, Cooper & Kirk, PLLC, of Washington, DC, argued for defendant-appellant.   With him on the brief were Vincent J. Colatriano, David H. Thompson, and Nicole Jo Moss. Of counsel on the brief were Robert B. Silverman, David M. Murphy, and Frances P. Hadfield.   Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP, New York, New York;  and Paulsen K. Vandevert, Ford Motor Company, of Deaborn, Michigan.