CSV’s clients, Cardinal Glass Industries, Inc. and Cardinal IG Company (collectively, “Cardinal”) filed a lawsuit lawsuit yesterday in the United States District Court for the Southern District of New York, alleging that Neville Peterson LLP and John M. Peterson negligently gave wrong legal advice and failed to timely file tariff exclusion applications, costing Cardinal millions in missed tariff refunds and exclusions.
Cardinal is a leading U.S. manufacturer of residential glass for windows and doors. Neville Peterson LLP is a New York-based law firm claiming to have more than 35 years of experience in the fields of international and domestic trade law. John M. Peterson is a partner at Neville Peterson LLP who has practiced international trade and customs law since 1977.
The Complaint alleges that Cardinal hired the defendants in May 2021 to advise it in connection with planned purchases of steel from foreign suppliers, to file appropriate tariff exclusion applications with the U.S. Department of Commerce, and to pursue available tariff refunds from U.S. Customs and Border Protection. The Complaint further alleges that the defendants advised Cardinal that it could apply for retroactive tariff exclusions after they imported the steel and paid applicable tariffs, but negligently failed to inform Cardinal that retroactive exclusions are available only to entities that have already filed an application for those exclusions. Moreover, the Complaint alleges, the defendants either never filed any exclusion applications at any time in 2021 or, in the alternative, filed exclusion applications but negligently withdrew them without informing Cardinal. The Complaint alleges that these negligent acts, along with additional negligent acts committed in 2022, cost Cardinal millions in lost tariff exclusions and refunds.
For media inquiries, please contact Patrick Smith at patrick.smith@csvllp.com and Brian Burns at brian.burns@csvllp.com of Clark Smith Villazor LLP.
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