Slip Op. 99-52
UNITED STATES COURT OF INTERNATIONAL TRADE
Before: Honorable R. Kenton Musgrave, Senior Judge
______________________________
:
THE PILLSBURY COMPANY, :
:
Plaintiff, :
:
v. : Court No. 93-03-00161
:
THE UNITED STATES, :
:
Defendant. :
______________________________:
JUDGMENT
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT defendant United
States’ revocation of (1) the authority of plaintiff The Pillsbury Company (Pillsbury) to use the
Exporter’s Summary Procedure (ESP) in its duty drawback claims, and (2) Pillsbury’s blanket
waiver of pre-export notification requirements for substitution unused merchandise/same condition
drawback claims was contrary to law and void ab initio, and it is further;
ORDERED, ADJUDGED AND DECREED THAT any same condition drawback claims
filed by Pillsbury concerning exports of fresh asparagus shall not be denied by defendant on the
ground that Pillsbury did not provide defendant with advance notice of exportation of such goods.
____________________________________
R. KENTON MUSGRAVE, SENIOR JUDGE
Dated: June 23, 1999
New York, NY