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U.S. v. PENTAX CORP.

No. 96-01-00067. SLIP OP. No. 99-98.

69 F.Supp.2d 1361 (1999)

The UNITED STATES, Plaintiff, v. PENTAX CORPORATION, et al., Defendants.

United States Court of International Trade.

September 20, 1999.

Attorney(s) appearing for the Case

David W. Ogden, Acting Assistant Attorney General, David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, A. David Lafer, Kenneth M. Dintzer, William W. Stewart, Jr., Gregory T. Jeager, Ann Loughlin, Washington, DC, (Saul Perla, Kathleen Bucholtz, Office of Chief Counsel, United States Customs Service, Chicago, IL, of counsel), for plaintiff.

Swidler Berlin Shereff Friedman, LLP (James Hamilton, Michael Spafford, Amy Carpenter-Holmes), Washington, DC, for defendants.

OPINION

RESTANI, Judge.

This matter is before the court on defendants' motion for summary judgment, pursuant to USCIT R. 56. Defendants argue that they are not liable for civil penalties under 19 U.S.C. § 1592 (1988)1 for mismarking of goods because the mismarking did not affect the amount of duties owed or the admissibility of the goods, as required by regulatory materiality standards.

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