CIT Tosses Challenge to CBP Redelivery Notice for Lack of Jurisdiction
The Court of International Trade on July 19 dismissed Jaramillo Spices Corporation's challenge of a CBP redelivery notice, finding it lacked jurisdiction seeing as the lawsuit was untimely filed and concerned a decision made by the Food and Drug Administration.…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Jaramillo brought in a single entry of tamarind from Mexico which the FDA ruled was adulterated. The agency then ordered Jaramillo to export or destroy the shipment within 90 days which the importer failed to do. CBP then issued a notice of liquidated damages and demanded $50,000 as payment. The Southern Texas U.S. District Court had already ruled it doesn't have jurisdiction of a similar lawsuit Jaramillo filed there.