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Duty Refund Opportunity-Product Safety
January 29, 2010

In 2009, the U.S. Court of International Trade issued a decision that may provide duty recovery opportunities for importers of merchandise found not to meet government mandated safety standards.

An importer may claim an allowance in value (and a refund of duties) for merchandise that is defective at the time of importation. In order to successfully make a claim , the importer must establish that the goods were defective at the time of importation.

This may have significant implications to importers of products which are subject to recalls or which were found to violate the Consumer Product Safety Improvement
Act of 2008 (“CPSIA”). In this regard, goods which were rendered unsaleable, or refurbished to bring them into compliance with the CPSIA, may be deemed defective and may therefore be eligible for duty refunds.

Please contact us for additional details regarding possible duty recovery
opportunities. c.spoto@albawheelsup.com