Question juridique clé
Whether the Federal Customs Appeal Commission violated the appellant's right to be heard by relying on a later criminal-penal judgment without allowing a response.
Solution extraite
Yes. The commission relied on a new judgment and drew decisive factual inferences from it without first giving the appellant the opportunity to comment.
Motifs extraits
When an authority intends to base its decision on newly introduced, decisive material, it must notify the parties and allow them to respond. The later penal judgment concerned other imports and did not make the factual inference self-evident.