CIT Dismisses Challenge to HMF Payments on Bunker Fuel
The Court of International Trade on Dec. 30 denied a challenge to CBP’s collection of harbor maintenance fees on bunker fuel distributed to the Ports of San Diego and Los Angeles, finding the distributor could not dispute the case in…
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court because it did not file a valid protest with CBP (here). The Jankovich Company had argued the bunker fuel was not subject to HMF because it is not commercial cargo. In response, CBP held in a ruling that payment of HMF on the bunker fuel shipments was required. Despite several requests for reconsideration of the ruling, Jankovich never filed a protest to dispute the collection of HMF, even though the regulation on HMF, 19 CFR 24.24, explicitly provides for the filing of protests. Finding Jankovich did not follow the administrative procedures to get its day in court, CIT dismissed the case.