| Title: | HMF EXPORT COLLECTIONS |
|---|---|
| Date: | 1995-12-11 |
| To: | abi |
| Links: | previous, next |
TO : ALL ABI BROKERS.
FROM : JOHN PIERCE
SUBJECT : HMF EXPORT COLLECTIONS
DATE : 12/11/95
6345011
DECEMBER 11, 1995
COLLECTION OF THE HARBOR MAINTENANCE FEE ON EXPORTS:
POLICY GUIDANCE
ON OCTOBER 25, 1995, A THREE-JUDGE PANEL OF THE UNITED STATES
COURT OF INTERNATIONAL TRADE RULED THAT COLLECTION OF THE HARBOR
MAINTENANCE FEE ON EXPORTS BY THE U.S. CUSTOMS SERVICE IS
UNCONSTITUTIONAL. THE COURT ISSUED A JUDGEMENT ON DECEMBER 4,
1995, ENJOINING THE CUSTOMS SERVICE FROM COLLECTING THE FEE, AND
AWARDING A MONEY JUDGMENT TO THE PLAINTIFF.
THE GOVERNMENT MOVED FOR A STAY OF JUDGMENT, AND THAT MOTION WAS
GRANTED. AS A RESULT OF THESE ACTIONS, THE CUSTOMS SERVICE WILL
CONTINUE TO COLLECT THE HARBOR MAINTENANCE FEE ON EXPORTS, AND TO
ACCEPT PROTESTS ON THE CONSTITUTIONALITY OF THE FEE. HOWEVER,
ALL ACTION ON PROTESTS WILL BE STAYED UNTIL FURTHER NOTICE.
COLLECTION OF THE FEE AND THE STAY OF PROTEST PROCESSING IS
EXPECTED TO CONTINUE UNTIL ALL APPEALS ARE EXHAUSTED, WHICH COULD
TAKE A YEAR OR MORE.
THOMAS E. DIAFORLI, DIRECTOR
ACCOUNTING SERVICES DIVISION