Importer Proposes Stipulated Judgment in Drawback Suit on Porsche Entry
Litigants in a lawsuit on a drawback claim told the Court of International Trade in a joint status report that they don't believe the case is "amenable to mediation," though they said they are discussing whether the suit can be settled through a "stipulated judgment on agreed statement of facts." The plaintiff, individual importer Timothy Brown, said he gave the U.S. a "proposed stipulated judgment," which the U.S. is reviewing (Timothy Brown v. United States, CIT # 20-03733).
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Brown brought his case last year, seeking nearly $20,000 in duty drawback related to the shipment of a Porsche 911 Turbo S luxury vehicle (see 2410310046). Brown said he imported the vehicle in 2017, and it was classified under Harmonized Tariff Schedule subheading 8703.24.0190, dutiable at 2.5%. The car was undriveable, and so was pushed to the forwarder's facility then reloaded for delivery to Brown. Once at Brown's farm, the car was reloaded and sent back to the carrier for export.
The car was exported in 2018, leading Brown to file a drawback entry seeking $19,970.77 in total drawback.