CAFC Rules on Failure to Timely File Customs Broker Triennial Status Report
In Retamal and Galvin v. U.S. Customs and Border Protection, The CAFC rules that it did not have subject matter jurisdiction to consider the revocation of a customs broker's license for failure to timely file a Triennial Status Report, and remanded the case back to the CIT for dismissal.
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Retamal was a licensed customhouse broker not actively engaged in the transaction of customs business. His license was suspended when he did not timely submit his triennial status report and payment by the March 1 deadline as required by 19 USC 1641(g)(1). Customs sent Retamal a suspension notice, which was returned undelivered. His license was then revoked on May 6, 2003, even though his report and payment were sent on May 24, 2003. Retamal argued that he did not receive he suspension notice because it was delivered to a previous address.
The CIT found jurisdiction under 28 USC 1581(i)(4), which provides it with broad residual jurisdiction, and ruled that the revocation was correct. However, the CAFC stated that revocation of a license due to failure to file a Triennial Status Report does not fall under 19 USC 1581(i)(4) jurisdiction.
The CAFC also stated that all agree that jurisdiction does not fall under 28 USC 1581(g), which provides the CIT jurisdiction to review the revocation of licenses under certain statutory provisions; however, revocation under 19 USC 1641(g) is not one of them. The case was sent back to the CIT for dismissal.
CAFC Docket 05-1332 (dated 03/06/06) available athttp://www.fedcir.gov/opinions/05-1332.pdf
CIT Slip Op. 04-149 (dated 11/24/04) available at http://www.cit.uscourts.gov:8080/cs.html?charset=iso-8859-1&url=http%3A//www.cit.uscourts.gov/slip_op/Slip_op04/slip-op04-149.pdf&qt=03-00613&col=uscit&n=1&la=en