US, Surety Firm Ask for Access to Discovery in Separate Unpaid Duties Suit
The U.S. and surety company Aegis Security Insurance Co. on Sept. 13 asked the Court of International Trade to use the items produced in discovery in a separate case involving both parties (U.S. v. Aegis Security Insurance Co., CIT # 22-00327).
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The government brought the action to collect over $100,000 in unpaid duties on an entry of honey from China imported by Presstek Wood Technologies in 2002. Previously, the U.S. brought a separate case against the surety seeking unpaid duties on Chinese garlic entries imported in 2004. The separate case was dismissed because the government waited too long to bring the case, violating the implied contractual term of reasonableness in the customs bond (see 2405290067).
In the present case, the parties want access to the documents produced in discovery in the previous action. In a joint motion, the U.S. and Aegis said the discovery developed in the separate case "addresses topics at issue in this action," and allowing the parties access to the documents "would be less cumbersome and help streamline our respective summary judgment briefing."
Aegis is similarly arguing in the present matter that the action was untimely brought (see 2303270028). The bill for the unpaid duties became delinquent in November 2016, and CBP made its first payment demand, including interest, in February 2017. Aegis protested the demand, leading to CBP manually entering a liquidation for the entry in 2019 and issuing a new bill to Presstek that also became delinquent. The government filed suit against Aegis seeking payment (see 2211230056).