Importer Moves to Reinstate Customs Case Dismissed for Lack of Prosecution
Importer Kehoe Component Sales filed a consent motion for the Court of International Trade to set aside the dismissal of its customs case, which was tossed for lack of prosecution after the case wasn't removed from the customs case management calendar prior to the end of the removal period (see 2602030010) (Kehoe Component Sales v. United States, CIT # 22-00187).
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The importer said the case was dismissed due to a "calendaring mistake" in which counsel's paralegal inputted the deadline as July 31, 2026, rather than Jan. 31, 2026. The company added that its neglect is "excusable," since it doesn't prejudice the government, will not result in a lengthy delay and was the result of a good-faith mistake.
Kehoe brought the case to contest the classification of its heat blanket controllers, which were liquidated under Harmonized Tariff Schedule subheading 8537.10.9070, dutiable at 2.7%. The importer argued that its goods should be classified under subheading 9031.89.6085, dutiable at 1.7% (see 2207060069).