Showing posts from October, 2021

The Case of the Unseen Seizure

The Court of International Trade has exclusive jurisdiction to review Customs & Border Protection's denial of a valid protest, including a protest of the exclusion of merchandise. 28 USC 1581(a) (CIT jurisdiction) and 19 USC 1514(a)(4) (exclusions are protestable). An exclusion can happen in two ways. First, CBP can make an affirmative decision on admissibility within 30 days of the merchandise being presented for examination.  After those 30 days and if the merchandise has still not been released, the goods are "deemed excluded." 19 USC 1499(c)(5)(A). Deemed exclusions are as protestable as affirmative exclusions. A seizure, on the other hand, is subject to the exclusive jurisdiction of the U.S. District Court in the district where the merchandise is located. 28 U.S.C. 1356 . A seizure is not an exclusion and is not protestable. In other words, seizure and exclusion are two distinct legal actions subject to two distinct avenues of review.  The process CBP must follo