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U.S. v. HITACHI AMERICA, LTD.

Slip Op. 97-46. Court No. 93-06-00373.

964 F.Supp. 344 (1997)

UNITED STATES of America, Plaintiff, v. HITACHI AMERICA, LTD., and Hitachi, Ltd., Defendants.

United States Court of International Trade.

April 15, 1997.

Attorney(s) appearing for the Case

Frank W. Hunger, Assistant Attorney General; David M. Cohen, Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, (James W. Poirier, Cynthia B. Schultz, and Lesleyanne Kessler, Washington, DC); of counsel: Judith L. Altman, Carle Place, NY, Colleen M. Piccone, Newark, NJ, and Alan C. Cohen, United States Customs Service, Washington, DC, for plaintiff.

Weil, Gotshal & Manges, L.L.P. (John R. Wing, Lawrence E. Elder and Yoav M. Griver, New York City), for defendant Hitachi America, Ltd.

Kirkland & Ellis (William A. Streff, Chicago, IL, Eugene F. Assaf, Paul F. Brinkman, and David G. Norrell, Washington, DC), for defendant Hitachi, Ltd.

OPINION

MUSGRAVE, Judge.

The government brought this action against Hitachi America, Ltd. ("Hitachi America") and Hitachi, Ltd. ("Hitachi Japan") in a bid to recover penalties and lost duties under 19 U.S.C. § 1592. The government alleged in the alternative that Hitachi America and Hitachi Japan are liable for violating customs laws by committing fraud, gross negligence, or negligence in connection with imported merchandise, and that Hitachi Japan is...

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