Rawle & Henderson, LLP Partner Cynthia Brennan Obtains Defense Judgment in Federal International Tariff Arbitration.

Published on October 12, 2022

Cynthia Brennan, a partner in our Philadelphia office, successfully obtained a defense verdict in a federal international tariff arbitration involving a dispute about whether her client had contracted to file post summary corrections with customs to obtain repayment of significant tariffs inadvertently paid on civil airline parts imported by Plaintiff for repair. The Plaintiff imported the parts from abroad, repaired them, and returned them to the international shipper.  Plaintiff claimed that the parts were subject to a tariff exception recognized in the Harmonized Tariff Schedule of the United States.  The exception applied to civil airline parts entering the U.S. for repair, which meant that the parts could have and should have entered duty free.  Plaintiff claimed that the filing of post summary corrections with customs would result in repayment of the inadvertently paid tariffs.  After six hours of arbitration, Ms. Brennan successfully convinced the arbitrators that the airline parts importer had not entered either a written or implied contract to file the forms necessary to obtain the tariff refunds.

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