In Thomson Multimedia Inc. v. the United States, the Court of Appeals for the Federal Circuit had upheld the imposition of harbor maintenance taxes on import shipments.
In the second case, CF Industries Inc., v. the United States, the Court of Appeals for the Federal Circuit had upheld the imposition of such taxes on domestic shipments.
These two cases raised the question as to whether harbor maintenance taxes violated uniformity and port preference clauses of federal law.
In regard to the import levy, the claim was also made before the Supreme Court that, because the high court had previously held the Harbor Maintenance Tax statute to be unconstitutional in regard to exports — in United States v. United States Shoe Corp. (1998) — that such taxes could not be collected against imports as well. The court declined to hear any of the claims presented to it.
Based on these certiorari denials, the government is now likely to move for dismissal of numerous cases involving harbor maintenance taxes that are pending at the Court of International Trade.
Brokerage Compliance Symposium
The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.
F3 Awards Dinner
The night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
F3: Future of Freight Festival
Industry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
The day before F3. Every compliance issue you face - fraud exposure, carrier liability, FMCSA rules, cargo theft, insurance gaps - navigated by attorneys and operators defining best practices in a changing industry.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowThe night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowIndustry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register Now