Sunday, October 6, 2013

International Business Law

Case briefTitle : United State sv Golden Ship trade in Co2001 WL 65751 (2001Court of International TradeFactsSection 1592 (e ) was enacted to build the burden of proof that both the pursuance and the defendant bear in a penalty work based on negligenceJ .Wu purchased three burdens of t-shirts from Hui and had signed Hui s immersion s claiming the country of origin of the t-shirts as the friar preacher land . impost discovered the country of origin was China and not the Dominican country . The bodies of the t-shirts were produced in China and they were shipped to Dominican Republic where sleeves were and instal in Dominican Republic labels were inserted . As Chinese remove shirts , the payloads should have been imported with a textile visaU .S . example had establish that material false act or carelessness had occu rred and the hail has held that the statements on the inlet s signed by J . Wu were both material and falseThe onus was on Ms . Wu to show that she was not negligent in confirming the champaign contained in the gatewayway documents before signing them She had to show that she had operationd just safekeeping on a lower floor the circumstancesIssueMs . Wu could not prove that she had exercised reasonable care under the circumstances . She claimed she had relied on the word of Hui and information provided by him . She in like look claimed that the exporter was so fraudulent in covering his tracks that even impost had a hard time discovering it .
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She also pointed out that Hui di d in fact have a t-shirt factory in Dominica! n Republic and that some work on the shipment had been done at that placeThe court disagreed because it was felt that Ms . Wu did not make any attempt to verify the information on the entry documents . She didn t even ask where the fabrics for the t-shirts were made or where the customs nurse home broker got his information . The court stated that there was a difference between legitimately attempting to verify the entry information and blindly relying on the exporter s assertationsDecisionOn the grounds that Ms . Wu failed exercise reasonable care under the circumstances in verifying entry document information , the court found her negligent in introducing merchandise into the commerce of the United States . Therefore , she was in infraction of 19 U .S .C 1592 (a (1 (A ) and must pay a well-mannered penalty pursuant to 19 U .S .C 1592 (c (3 (BOpinionSince Ms . Wu was unable(p) to provide sufficient evidence that she verified the information on the entry documents that she sig ned , she should pay the fine imposed...If you want to crease a full essay, order it on our website: OrderEssay.net

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