CIT Dismisses Customs Fraud Case for Failure to State a Claim, Gives US Chance to Amend Complaint
The Court of International Trade in a July 12 opinion denied the motion from Kevin Ho, owner and director of importer Atria, to dismiss a penalty action for lack of personal jurisdiction. Judge Timothy Reif said that the U.S. properly…
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
identified the "who, what, when, where, and how" of Ho's alleged fraud over the alleged illegal importation of high-intensity discharge headlight conversion kits, so personal jurisdiction was established. However, Reif denied in part and granted in part Ho's motion to dismiss for failure to state a claim, holding that the U.S. made insufficient factual allegations over Ho's knowledge and intent to violate customs law based on fraud. The judge did give the U.S. the opportunity to amend its complaint.