Date: Wed, 31 Dec 1997 20:48:03 GMT Server: WebSitePro/1.1g (S/N WPO-2024) Accept-ranges: bytes Content-type: text/html Last-modified: Thu, 06 Nov 1997 23:11:10 GMT Content-length: 1817
November 3, 1997
IMPORTANT ALERT EXPORT HARBOR MAINTENANCE TAX REFUNDS:
SUPREME COURT AGREES TO HEAR APPEAL OF FAVORABLE LOWER COURT DECISIONIn a move that was not altogether unexpected, the U.S. Supreme Court has granted the request by the Government to have the highest Court hear its appeal of the decision of the Court of Appeals for the Federal Circuit affirming the Court of International Trade which found in favor of Exporters and against the Government's collection of the Harbor Maintenance Tax. What this means is that the hoped for HMT refunds will be put off at least until some time in 1998, if the Supreme Court affirms the lower court.
Again, it is still not too late to protect refunds of HMT payments, but as time passes, the number of prior payments which may be recoverable is subject to an expiring statute of limitations. Bearing in mind that the lower courts have held that protests are not the way to seek refunds, the action which must be taken is the filing of a summons in the Court of International Trade. The time to act is now--to maximize the amount which may be recovered, including HMT payments made as far back as 1994 which may still be viable, in addition to those which occurred in the past two years.
We would be happy to provide you with answers to any questions you might have in this regard or on any other matter within the area of our concentration. Please feel free to call us.