How You Can File Similar Claims
For the past few years, Customs
has been assessing cotton fees on certain imports of cotton apparel,
cotton fabric and raw cotton pursuant to the Cotton Research And
Promotion Act (7 U.S.C. §2101 et seq.) and related regulations.
These fees are then used to fund the activities of the Cotton
Board in advertising, promotion, research, and development
on behalf of the U.S. cotton industry.
Recently, however, the U.S. Supreme
Court held that similar mandatory assessments for promotional
activities under the Mushroom Research and Promotion program were
unconstitutional, and a case has now been filed in the Court of
International Trade contending that cotton fees assessed on imported
cotton products are unconstitutional, and must therefore be reimbursed,
Importers of cotton apparel, cotton
fabric and raw cotton that are interested in recovering cotton
fees need to take immediate action to preserve their right to
How To Recover Cotton Fees If The Litigation Is Successful
the Harbor Maintenance Fee cases, the means to recover cotton
fees that you paid is by the filing of a summons in the Court
of International Trade; however, one summons can cover all shipments
for a two-year period.
Because the recent legal action
has been brought under the jurisdictional provisions of 19 U.S.C.
§ 1581(i), a formal summons in the Court of International Trade
is required to contest the assessment of the cotton-fees, and
it must be signed and filed by an attorney admitted to practice
before the Court of International Trade.
Please contact George Tuttle, Sr., at firstname.lastname@example.org if you have any questions
the Cotton Fees or other Customs law matters.
R. Tuttle, Sr. is an attorney with the Law Offices
of George R. Tuttle in San Francisco. The information in
this article is general in nature and is not intended to constitute
legal advice or to create an attorney-client relationship with
respect to any event or occurrence, and may not be considered