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TIKAL DISTRIBUTING CORP. v. U.S.

Slip Op. 97-86. Court No. 95-11-01415.

970 F.Supp. 1056 (1997)

TIKAL DISTRIBUTING CORP., Plaintiff, v. The UNITED STATES, Defendant.

United States Court of International Trade.

July 2, 1997.

Attorney(s) appearing for the Case

Peter S. Herrick, counsel, Miami, FL, for Plaintiff.

Frank W. Hunger, Assistant Attorney General, Washington, DC; Joseph I. Liebman, Attorney in Charge, International Trade Field Office; Barbara M. Epstein, New York City, Civil Division, Dept. of Justice, Commercial Litigation Branch, of counsel, for Defendant.

OPINION

POGUE, Judge.

Plaintiff, Tikal Distributing Corp. (Tikal), an importer of leather shoes, brings this action to recover moneys tendered to the United States Customs Service (Customs).

BACKGROUND

By letter dated December 20, 1991, Tikal voluntarily disclosed to Customs that second invoices or "notes" to Tikal from its supplier had accompanied its commercial invoices dating from June 1982. Unlike the commercial invoices, the "notes...

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