Brandon Chen, who took the April 2022 customs broker license exam, appealed the final results of his exam to the Court of International Trade, contesting 11 questions that CBP denied him credit for. Filing a complaint at the trade court on Nov. 25, Chen noted that he is only two correct answers away from a passing score of 75% (Brandon Chen v. U.S., CIT # 24-00208).
Court of International Trade
The United States Court of International Trade is a federal court which has national jurisdiction over civil actions regarding the customs and international trade laws of the United States. The Court was established under Article III of the Constitution by the Customs Courts Act of 1980. The Court consists of nine judges appointed by the President and confirmed by the Senate and is located in New York City. The Court has jurisdiction throughout the United States and has exclusive jurisdictional authority to decide civil action pertaining to international trade against the United States or entities representing the United States.
CBP properly found that importer Skyview Cabinet USA evaded the antidumping and countervailing duties on wooden cabinets and vanities after correcting a due process violation in the evasion proceeding, the Court of International Trade held on Nov. 27. Judge Stephen Vaden said that the court already found the evasion finding sufficient and that Skyview didn't advance any new evidence or arguments after the due process-related remand.
The Court of International Trade ruled Nov. 26 that it has jurisdiction over all denied protests of CBP detention decisions -- even if the government claimed that the Drug Enforcement Administration, not CBP, chose to make the seizure. CBP has the final authority over all detentions, making all detentions protestable under U.S. law, CIT Judge Timothy Reif held in his opinion.
A New York resident brought a complaint to the Court of International Trade Nov. 21 saying that several questions on CBP’s customs broker exam were unfairly ambiguous, conflicting or lacking essential information, resulting in his failure to pass it (Shuangyang Li v. U.S. Customs and Border Protection, CIT # 24-00205).
The following lawsuits were filed at the Court of International Trade during the week of Nov. 11-17:
The Court of International Trade dismissed Byungmin Chae's second lawsuit challenging his results of the April 2018 customs broker license exam, finding that the suit is precluded by the Nebraska resident's first case challenging the test.
The following lawsuits were filed at the Court of International Trade during the week of Nov. 4-10:
The following lawsuits were filed at the Court of International Trade during the week of Oct. 28 - Nov. 3:
The Court of International Trade rejected importer Retractable Technologies' bids for a temporary restraining order and preliminary injunction stopping the collection of Section 301 duties on its needles and syringes. However, in a decision made public Nov. 4, Judge Claire Kelly did stop liquidation of Retractable's entries during the course of the company's suit, which challenges the legality of a Section 301 rate hike on needles and syringes.
Watches that have case backs set with watch glass made of nonprecious materials -- such as synthetic sapphire -- are not considered to have cases made "wholly" of precious metal and are classified differently than watches that do, the Court of International Trade ruled Nov. 1. The holding came as a watch importer’s motion for judgment in a 2018 case wound up being denied, and the government’s was granted, by CIT Judge Jane Restani.