CARNIVAL CRUISE LINES, INC. v. U.S.

Slip. Op. 02-78. Court No. 93-10-00691.

246 F.Supp.2d 1296 (2002)

CARNIVAL CRUISE LINES, INC., Hal Antillen, N.V., Hal Shipping Ltd., and Wind Surf Limited, Plaintiffs, v. The UNITED STATES, Defendant.

United States Court of International Trade.

July 31, 2002.


Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Warton & Garrison (Robert E. Montgomery, Jr. and Robert P. Parker), Washington, DC, for Plaintiffs.

Robert D. McCallum, Jr., Assistant Attorney General, David M. Cohen, Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Lara Levinson and Michael Duclos), and Richard McManus, Office of Chief Counsel, United States Customs Service, of counsel, for Defendant.


OPINION

MUSGRAVE, Judge.

In this action, plaintiffs Carnival Cruise Lines, Inc., HAL Antillen, N.V., HAL Shipping, Ltd., and Wind Surf Limited (collectively "Carnival") contest the assessment and collection of the Harbor Maintenance Tax ("HMT")1 on passenger cruise ships by defendant the United States Customs Service ("Customs"). This matter began in 1992 when Customs audited the HMT paid by HAL Antillen for the period from April...

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