Washington State Importer Sues CBP Over Denied Entry After Recent Settlement
Keirton USA Inc., a manufacturer based in Washington state, filed a complaint with the U.S. District Court for the Western District of Washington, calling for CBP to stop seizing, denying entry to or detaining any of the company's products. The company makes machinery used to harvest hemp, kale, hops and other farm goods and has had continued troubles with CBP dating back to 2012, with the real issues beginning in May 2020. Keirton's flagship product is the Twister Trimmer -- a cannabis and hemp trimmer that the company assures is only used in a legal capacity.
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According to the complaint, Keirton first had a shipment of Twister Trimmers seized in 2012 by CBP on the basis that it constituted “drug paraphernalia.” The matter was resolved via a non-confidential settlement, and another government agency ended up selling a part of the seized machines through an online auction in Florida, Keirton's lawyer said in the complaint. From 2012 to 2019, no additional shipments of any Keirton parts were seized until May 2020. In the months that followed, CBP detained more than $1 million in Keirton shipments, alleging again that the merchandise was to be used for illegal purposes.
Following additional litigation and a settlement payment of $180,000 on Dec. 31, 2020, CBP again vowed to halt seizures of the Washington company's merchandise and even “cooperate and provide all necessary assistance to Keirton so that the third-party storage facilities release” the goods “so it can complete assembly and fabrication and take the completed units to market.” Then, just weeks later, CBP circumvented this agreement by denying Keirton products entry to the U.S. rather than by seizing them. CBP claims that it was unable to make an admissibility declaration for the goods, while Keirton states that these products are no different from the ones imported from 2012 to 2019 and even ones in shipments that were not seized in 2020 and 2021.
The company claims that continued aggressive action by CBP in this way will run the manufacturer out of business and that these actions by CBP should be curbed. “The public has an interest in preventing agency overreaching, prevent[ing] inconsistent agency action, in the preservation of legally operated businesses that conduct import and export businesses, and in a clear interpretation of the statute and its lawful application,” the company said. CBP didn't comment.
Email ITTNews@warren-news.com for a copy of the complaint or the Dec. 31 settlement.