United States v. Yuchius Morality Co.

Slip Op. 02 - 146
J U D G M E N T
UNITED STATES COURT OF INTERNATIONAL TRADE
Thomas J. Aquilino, Jr., Judge
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UNITED STATES OF AMERICA, :
Plaintiff, :
Consolidated
v. : Court No. 96-02-00608
:
YUCHIUS MORALITY COMPANY, LTD. and
INTERCARGO INSURANCE COMPANY, :
Defendants. :
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The plaintiff having commenced this case pursuant to 19
U.S.C. §1592 and 28 U.S.C. §1582 for recovery of unpaid duties and
collection of penalties in connection therewith; and the court
having conducted a trial of the issues; and defendant Intercargo
Insurance Company having thereafter entered into an agreement with
the plaintiff, settling in full the government's claims against it;
and the court having thereafter decided all of the remaining claims
per slip opinion 02-124, 26 CIT (Oct. 18, 2002); and that slip
opinion 02-124 having awarded the plaintiff the unpaid duties and
penalties in connection therewith and having also granted defendant
Intercargo Insurance Company judgment on its cross-claim against
defendant Yuchius Morality Company, Ltd., including recovery of
reasonable attorneys' fees and expenses and costs; and that slip
opinion 02-124 having directed the parties to settle and submit a
Consolidated
Court No. 96-02-00608 Page 2
proposed final judgment in conformity therewith; and defendant
Intercargo Insurance Company having duly served and filed a De-
tailed Accounting of Attorneys' Fees and Expenses incurred in this
matter; and the parties having filed a proposed judgment in
connection with slip opinion 02-124; and the court having ques-
tioned the content(s) thereof; and the plaintiff United States'
Notice of Revisions to the Proposed Order of Judgment having been
filed upon a representation of consent thereto by defendant Yuchius
Morality Company, Ltd.; Now therefore, in conformity with the
court's slip opinion 02-124 (and with its previous slip opinion 99-
79, 23 CIT 544 (1999) filed herein), it is hereby
ORDERED, ADJUDGED and DECREED that the plaintiff recover
from defendant Yuchius Morality Company, Ltd. $271,306.00 in
unpaid duties and $642,612.00 in penalties, together with
$276,162.51 in prejudgment interest on those unpaid duties; and it
is further hereby
ORDERED, ADJUDGED and DECREED that defendant Intercargo
Insurance Company recover from defendant Yuchius Morality Company,
Ltd. the face amount of its bond, $50,000.00, plus $32,567.45 in
reasonable attorneys' fees, expenses and costs incurred by
defendant Intercargo Insurance Company in this matter.
Dated: New York, New York
December 11, 2002
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Judge