CIT Denies CBP Motion to Amend Complaint in AFI Penalty Materiality Case
The Court of International Trade denied without prejudice the government’s motion to amend its complaint in United States v. Active Frontier International because the government didn’t include the actual amended complaint in its motion. CIT had given the government a second chance in its Aug. 30 AFI ruling, where CBP attempted to recover penalties from AFI because of false country of origin markings. CIT said CBP didn’t demonstrate that the false statements were “material” for penalty purposes and denied the government’s penalty claim, but allowed CBP to amend its complaint to demonstrate materiality.
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In its denial of the government’s Oct. 1 motion to amend its complaint, CIT said it had no way to determine whether “justice so requires” it to allow the amended complaint without being able to review it. CIT said the government has three days from Oct. 3 to file a new motion that includes its amended complaint. If no new motion is filed, CIT will require the government to explain why the case should not be dismissed.