U.S. v. INN FOODS, INC.

No. 2008-1118.

560 F.3d 1338 (2009)

UNITED STATES, Plaintiff-Appellee, v. INN FOODS, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 27, 2009.


Attorney(s) appearing for the Case

John M. Peterson, Neville Peterson LLP, of New York, New York, argued for plaintiff-appellee. With him on the brief were Maria E. Celis, Michael T. Cone; and George W. Thompson, of Washington, DC. Of counsel on the brief were Robert Scott Whiteley, Law Offices of Robert Scott Whiteley, of Oakland, California; and Craig A. Mitchell, Whitley & Cooper of Berkeley, California.

David S. Silverbrand, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. On the brief were Jeanne E. Davidson, Director, Patricia M. McCarthy, Assistant Director, and J. Reid Prouty, Trial Attorney.

Before RADER, BRYSON, and DYK, Circuit Judges.


DYK, Circuit Judge.

The United States brought suit against Inn Foods, Inc. ("Inn Foods") to recover unpaid customs duties and civil penalties for the fraudulent entry of frozen vegetables by Inn Foods and its sister company, SeaVeg, Ltd. ("SeaVeg"). Following a bench trial, the Court of International Trade held that Inn Foods was liable for monetary penalties under 19 U.S.C. § 1592(a) and for unpaid duties under § 1592(d).1 ...

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