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UNITED STATES v. PRIORITY PRODUCTS, INC.

Appeal No. 86-735.

793 F.2d 296 (1986)

UNITED STATES of America, Appellee, v. PRIORITY PRODUCTS, INC., and Walter L. and Rosalie E. Huss, Appellants.

United States Court of Appeals, Federal Circuit.

Decided June 16, 1986.

Attorney(s) appearing for the Case

Stephen Delgiudice, Washington, D.C., for appellants. Michael R. Totaro and Maureen J. Shanahan, Totaro and Shanahan, Beverly Hills, Cal., were on brief for appellants.

Platte B. Moring, III, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., for appellee. With him on brief were Richard K. Willard, Asst. Atty. Gen. and David M. Cohen, Director. Patricia Olson, Dist. Counsel, U.S. Customs Service, Seattle, Wash., of counsel.

Before MARKEY, Chief Judge, NEWMAN, Circuit Judge, and SWYGERT, Senior Circuit Judge.

SWYGERT, Senior Circuit Judge.

The issue presented in this case is whether the United States Customs Service's failure to name corporate officers in their individual capacities in written administrative pre-penalty and penalty notices issued pursuant to 19 U.S.C. § 1592(b) (1982) precludes suit against them in the Court of International Trade to recover a penalty originally assessed only against the corporation. The trial judge held that it did not, and we affirm...

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