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FRONTIER INS. CO. v. U.S.

SLIP OP. 02-12, No. 00-09-00470.

185 F.Supp.2d 1375 (2002)

FRONTIER INSURANCE COMPANY (Surety for Imagereader, Inc., dba Info Peripherals, Inc.) Plaintiff, v. THE UNITED STATES OF AMERICA, Defendant

United States Court of International Trade.

February 4, 2002.

Attorney(s) appearing for the Case

Law Offices of John M. Daley and Glad & Ferguson P.C., San Francisco, CA (John M. Daley), for Plaintiff.

Robert D. McCallum, Jr., Assistant Attorney General, United States Department of Justice; John J. Mahon, Acting Attorney in Charge, International Trade Field Office United States Department of Justice, (Amy Rubin); Beth C. Brotman, Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service, for Defendant, of counsel.

OPINION

BARZILAY, Judge.

I. INTRODUCTION

This case is before the court on cross-motions for summary judgment. Plaintiff ("Frontier") was the surety for the importer. Pursuant to 19 U.S.C. § 1304 (1998), Defendant ("Customs") required that Frontier pay a 10% marking duty for the alleged failure of its client to properly mark the country of origin on the retail packages of imported computer scanners. Frontier commenced this action for a refund...

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