Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
Entry Type 86
Entry type 86 is a filing type for low-valued shipments through the Automated Commercial Environment (ACE), CBP's online system for registering imports. The Type 86 Test allows low value shipments to benefit from the Section 321 de minimis entry process. Prior to the development of entry type “86,” Section 321 low-valued shipments had to be entered using the informal type “11” entry or the formal entry, which are more complex.
The Court of International Trade on Sept. 3 granted Seko Customs Brokerage's bid to voluntarily dismiss its case against CBP's temporary suspension of the brokerage from the Entry Type 86 pilot and Customs-Trade Partnership Against Terrorism programs at the Court of International Trade. Counsel for Seko didn't immediately respond to a request for comment (Seko Customs Brokerage v. United States, CIT # 24-00097).
Seko Customs Brokerage on Aug. 22 opposed the government's bid to get more time to file a brief in support of its motion to dismiss Seko's case against the company's removal from the Entry Type 86 pilot and Customs-Trade Partnership Against Terrorism programs. The customs broker said the U.S. failed to show good cause why it should get more time to file the brief (Seko Customs Brokerage v. U.S., CIT # 24-00097).
After its bid for a preliminary injunction was denied by Court of International Trade Judge Claire Kelly (see 2407260045), a customs broker fought Aug. 5 against a motion to dismiss its case, saying its complaint was ripe for litigation because CBP had already made the decision to deny its reinstatement to the agency's Entry Type 86 pilot (Seko Customs Brokerage v. United States, CIT # 24-00097).
The Court of International Trade denied Seko Customs Brokerage's bids for a temporary restraining order and preliminary injunction against its temporary suspension from the Entry Type 86 Test and Customs-Trade Partnership Against Terrorism programs. Judge Claire Kelly found Seko already received all the relief it sought when it was conditionally reinstated into the programs and told why it was originally suspended.
The Court of International Trade in a July 15 decision made public July 26 denied customs broker Seko Customs Brokerage's application for a temporary restraining order and motion for a preliminary injunction against its temporary suspension from the Entry Type 86 pilot and the Customs-Trade Partnership Against Terrorism. Judge Claire Kelly said Seko's claims are "either moot or speculative" because it has been "conditionally reinstated" into the programs and has received a "detailed explanation" of its violation of the programs. The judge added that Seko's evidence refers to "speculative harm at best," and that harm to its reputation as a result of the suspensions isn't enough to warrant injunctive relief.
The Court of International Trade in a confidential July 15 order denied customs broker Seko Customs Brokerage's application for a temporary restraining order and preliminary injunction against CBP's temporary suspension of the company from the Entry Type 86 pilot and the Customs-Trade Partnership Against Terrorism program. Judge Claire Kelly said she intends to issue a public version of the opinion "on or shortly after" July 23, giving the litigants until July 22 to review the confidential information in the decision (Seko Customs Brokerage v. U.S., CIT # 24-00097).
Customs broker Seko Customs Brokerage continued its bid for a temporary restraining order and preliminary injunction against CBP's move to temporarily suspend Seko from the Entry Type 86 pilot and the Customs-Trade Partnership Against Terrorism program, filing a brief in support of the motions at the Court of International Trade on July 10 (Seko Customs Brokerage v. United States, CIT # 24-00097).
The Court of International Trade will hold oral argument July 12 at 10 a.m. EDT in customs broker Seko Customs Brokerage's case against CBP's suspension of the company from participation in the Entry Type 86 pilot and Customs-Trade Partnership Against Terrorism program. Judge Claire Kelly will hear argument on Seko's application for a temporary restraining order and motion for preliminary injunction (Seko Customs Brokerage v. U.S., CIT # 24-00097).
The U.S. on July 1 urged the Court of International Trade to dismiss customs broker Seko Customs Brokerage's suit contesting CBP's suspension of the company from participation in the Entry Type 86 pilot and Customs-Trade Partnership Against Terrorism program. The government said Seko's claims aren't ripe for judicial review, are moot and are premature (Seko Customs Brokerage v. U.S., CIT # 24-00097).