National Customs Brokers and Forwarders Association of America v. United States

731 F. Supp. 1076 (1990)

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National Customs Brokers and Forwarders Association of America v. United States

United States Court of International Trade
731 F. Supp. 1076 (1990)

Facts

National Customs Brokers and Forwarders Association of America (NCBFA) (plaintiff) sued the United States secretary of the treasury and the commissioner of customs (agencies) (defendants) seeking to compel the agencies to issue regulations establishing a hierarchy of entities permitted to enter merchandise transported by international courier services in consolidated shipments. NCBFA wanted the agencies to issue regulations to clarify 19 U.S.C. § 1484(a)(2)(C), which stated that entry documentation must be filed by the owner or purchaser, or otherwise by a licensed broker “appropriately designated” by the purchaser, owner, or consignee. NCBFA argued that a broker chosen by an international courier service could not be an appropriately designated party and could not enter goods shipped together with other shipments if another broker was designated by the owner of the goods to make entry for the owner’s individual portion of the consolidated shipment. NCBFA moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Restani, J.)

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