Monday, July 26, 2010

News slap: One Really Small Step

PETA complains to CBP after the death of a CBP dog in a hot CBP car.

Aphids stopped at border.

US stops computers bound for Cuba from Canada.

Customs and Border Protection employee stole Neil Armstrong's declaration and tried to sell it. For those of you under 30, Neil Armstrong is kind of big deal. He used to be more famous than Justin Bieber. More here.

A couple cases from the Court of International Trade:

Delphi Petroleum, Inc. v. United States, denying Delphi's effort to force the United States to pay attorney's fees following the decision on the merits. The Court denied the motion.

Ford Motor Company v. United States, is a somewhat confusing case involving protests from the lack of explicit liquidation of reconciliation entries. The question has to do with whether the liquidations were extended or whether they should be treated as having liquidated by operation of law. In the end, the Court found that the case as presented was either not properly before the Court or not an appropriate venue in which to address the merits. What it comes down to is that for liquidated entries, the proper way into the Court of International Trade is via a denied protest and 28 U.S.C. sec. 1581(a). For unliquidated entries, it might be proper to get into Court via the Court's residual jurisdiction under 28 U.S.C. sec. 1581(i). But, if liquidation is still in the offing or might actually have happened, it is better to go the denied protest route.

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