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A case recently decided by the U.S. Court of International Trade demonstrates, once again, the Court’s willingness to follow the general rule for successor liability, and its exceptions, in the context of customs violations. The case, United States v. Adaptive MicroSystems, LLC, et al., CIT Slip Op. 13-50 (April 10, 2013), involves the U.S. Government’s efforts to collect $6.8 million in unpaid customs duties and penalties from a company that acquired the assets of another company. The case underscores the importance of including some customs compliance due diligence when acquiring a company – even if the deal is structured as an asset purchase. |
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Ted Murphy
Ted Murphy currently serves as managing partner of the Washington, DC office. Mr.Murphy counsels companies on customs law and the administration and implementation of international agreements (such as the WTO Agreement on Customs Valuation, NAFTA, the Information Technology Agreement, etc.) and represents companies in various types of enforcement matters before US Customs and Border Protection and Homeland Security Investigations. He is a frequent speaker on customs compliance-related topics at seminars in the United States and abroad. He is routinely recognized as a leading practitioner by the Legal 500 and Chambers USA.