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TRAYCO INC. v. U.S.

No. 91-2555.

967 F.2d 97 (1992)

TRAYCO INCORPORATED, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 2, 1992.

Order Granting Rehearing and Transferring Appeal June 19, 1992.

Attorney(s) appearing for the Case

Edward Roy Hawkens, Civ. Div., U.S. Dept. of Justice, Washington, D.C., argued (Stuart M. Gerson, Asst. Atty. Gen., Michael Jay Singer, Civ. Div., U.S. Dept. of Justice, Washington, D.C., E. Bart Daniel, U.S. Atty., Columbia, S.C., on brief), for defendant-appellant.

Jon René Josey, Rogers McBratney & Josey, Florence, S.C., argued, for plaintiff-appellee.

Before SPROUSE and LUTTIG, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

OPINION

SPROUSE, Circuit Judge:

The United States appeals the district court's judgment entitling Trayco, an importer, to recover a penalty imposed by the United States Customs Service (Customs) for allegedly importing mislabeled goods. The government claims that the district court's judgment should be vacated because the district court lacks jurisdiction over importer-initiated suits to recover penalties imposed for the importation of mislabeled items....

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