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Supreme Court Denies Case on Constitutionality of CIT Duty Payment Requirement

The Supreme Court on June 6 declined to hear a challenge to the constitutionality of the requirement that importers pay duties before filing suit at the Court of International Trade, denying a petition filed by International Custom Products without further…

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explanation (here). The U.S. Court of Appeals for the Federal Circuit ruled in June last year that the duty payment for court challenges of denied customs protest does not violate International Custom Products’ right to due process (see 1506300073). The now-bankrupt importer would have had to pay $28 million to have its case heard at CIT on the classification of white sauce. International Custom Products argued a CBP notice of action improperly revoked a ruling letter without the required notice and opportunity to comment (see 12121239).