Date: Wed, 31 Dec 1997 20:49:43 GMT Server: WebSitePro/1.1g (S/N WPO-2024) Accept-ranges: bytes Content-type: text/html Last-modified: Thu, 23 May 1996 13:48:08 GMT Content-length: 2391 Serko & Simon Important News & Subjects of Current Interest

May 8, 1996

To: Clients of the Firm and Other Interested Parties

IMPORTANT ALERT

SERKO & SIMON FILES FIRST CASE
CONTESTING HARBOR MAINTENANCE TAX
ON IMPORTS

In the Harbor Maintenance Tax ("HMT") case on Exports, the U.S. Court of International Trade ("CIT") found the HMT violated the Export Clause of the U.S. Constitution. That case is currently under appeal. Using a different legal theory, Serko & Simon, with Joel K. Simon as Trial Counsel, has filed the first suit in the CIT contesting the collection of the HMT on Imports.

The suit was commenced as a Class Action. It has yet to be determined whether the U.S. Government will object to that form of proceeding or if the CIT will allow the action to proceed as a Class Action. Accordingly, individual importers might do well to consider their options in order to protect their rights with respect to potential refunds of HMT paid on their import entries.

The HMT has been assessed on virtually every import entry delivered to the U.S. by ocean, currently at a rate of 0.125 per cent of entered value. At that rate, the HMT equates to $1,250 per Million Dollars of entered value.

Serko & Simon will be happy to discuss the filing of claims against payments of the tax to maximize the amount of refunds which may be achieved and to provide advice with respect to the management of Harbor Maintenance Tax issues while the Import case is pending.

Sincerely,
SERKO & SIMON

David Serko

For further information, please call us at (800) 46TRADE or contact us via e-mail below.

EMail: David Serko, Joel Simon, General Inquiries


All material copyright © 1996 by Serko & Simon