HARTFORD FIRE INS. CO. v. U.S.

Slip Op. 17-139 Court No. 13-00352.

273 F.Supp.3d 1212 (2017)

HARTFORD FIRE INSURANCE COMPANY, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

Dated: October 10, 2017.


Attorney(s) appearing for the Case

Frederic Deming Van Arnam, Jr. , Barnes, Richardson & Colburn, LLP of New York, NY, argued for plaintiff.

Edward Francis Kenny , Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, NY, argued for defendant. With him on the brief were Stuart F. Delery , Assistant Attorney General, and Amy Rubin , Acting Assistant Director. With them on the supplemental briefs was Benjamin C. Mizer , Principal Deputy Assistant Attorney General. Of counsel on the reply was Beth S. Brotman , Office of the Assistant Chief Counsel for International Trade Litigation, U.S. Customs and Border Protection, of Washington, DC.

Paul C. Rosenthal and Michael J. Coursey , Kelley Drye & Warren LLP of Washington, DC, argued for amici curiae. With them on the brief were Will E. Leonard and John C. Steinberger , Adduci, Mastriani & Schaumberg, L.L.P. of Washington, DC.


OPINION

Can a surety's argument — that the United States Customs and Border Protection's ("Customs") demands for payment on bonds issued by the surety are untimely because they fall outside of the statutory limitations period — be raised in an administrative protest before Customs?...

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