Importer Says CBP Illegally Detaining $25 Million in Aluminum Products
Perfectus Aluminum is suing the federal government and customs officials over what the company sees as an improper seizure and detention of aluminum goods that were seized in September, according to a court document filed by Perfectus in late December. Perfectus filed the lawsuit in a federal district court in California in pursuit of "equitable relief for the return of property unlawfully detained by CBP," it said in a filing. The seizures and court case were first reported by The Wall Street Journal (here), which has published a series of stories about possibly illegal efforts to avoid antidumping and countervailing duties on aluminum products from China.
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Perfectus said that CBP in September detained "hundreds of shipping containers packed with aluminum products worth approximately $25 million that are being exported by Perfectus, a California company, from the port at Long Beach, California." Since then, the company "has incurred warehousing and demurrage fees, that, to date, total over $3 million, which fees continue to accrue daily, and the shipments have remained in limbo because the government has not released them and has not commenced seizure or forfeiture proceedings." CBP didn't comment.
The company said it has been cooperative and provided all shipment documentation, which is in "good order." CBP, "in contrast, has failed to comply with applicable federal regulations and laws," it said. The government "has made no effort to enable Perfectus to identify and resolve any legitimate governmental issue, and instead has detained the shipments now for over 90 days -- long past the 30 day period in which the government is mandated to release the property or to institute formal proceedings."
After the initial seizure, CBP released 164 of the containers at issue in November, which were then exported, the company said. Some 552 containers remain detained without explanations besides a notice from the Department of Homeland Security that said the government would be conducting lab analysis and visual inspection, Perfectus said. The company also noted a recent Commerce Department AD/CV scope ruling (see 1612220051) that "expressly declined to extend the scope of those duties to include the class of aluminum pallets at issue here." Perfectus asked the court to provide "injunctive relief" through an order for release of all remaining containers.
Email ITTNews@warren-news.com for a copy of the court filings.