United States Federal Circuit

In a suit over alleged underpayment of merchandise processing fees on customs entries, award of penalties and prejudgment interest are affirmed in part and reversed in part where: 1) the court could award the maximum statutory penalty for violations involving ordinary negligence, not merely for gross negligence; but 2) prejudgment interest could not be awarded for damages that were primarily punitive in nature.

Appellate Information

• Decided 11/13/2008
• Published 11/13/2008

Judges

• PROST, Circuit Judge., Before RADER, SCHALL, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John M. Peterson, Neville Peterson LLP, of New York, New York, for amicus curiae, The American Association of Exporters and Importers.   With him on the brief were Maria E. Celis and Michael T. Cone., Patrick C. Reed, Customs and International Trade Bar Association, of New York, New York, for amicus curiae, Customs and International Trade Bar Association.


• For Appellees:
  
• Stephen C. Tosini, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for plaintiff-appellee.   With him on the brief were Gregory G. Katsas, Assistant Attorney General, Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director.   Of counsel on the brief was Martha T. Wong, Assistant Chief Counsel, Office of the Chief Counsel, United States Customs and Border Protection, of New York, New York., Robert Scott Whiteley, Whiteley & Cooper, of Oakland, California, argued for defendant-appellant.   With him on the brief was Craig A. Mitchell.