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US Court of International Trade issues important decision regarding first sale for export

The US Court of International Trade (CIT) on March 1 issued a lengthy decision in Meyer Corp. U.S. v. United States, addressing two important issues affecting goods imported from China and Thailand.

The CIT considered whether sales from a related manufacturer to a related middleman were eligible for appraisement under the well-established concept of first sale for export (FSFE), a strategy affirmed by the US Court of Appeals for the Federal Circuit’s decision in Nissho Iwai America Corp. v. United States, 982 F.2d 505 (Fed.Cir. 1992). The CIT also considered whether goods imported from Thailand were eligible for duty-free treatment under the Generalized System of Preferences (GSP) program.

Source PwC

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