Pollak Import-Export Corp. v. United States

52 F.3d 303 (1995)

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Pollak Import-Export Corp. v. United States

United States Court of Appeals for the Federal Circuit
52 F.3d 303 (1995)

Facts

The United States Customs Service (customs) (defendant) classified certain merchandise imported by Pollak Import-Export Corporation (Pollak) (plaintiff) as wool coats rather than wool jackets. Pollak filed a protest with customs, and customs denied that protest. Pollak then initiated an action before the United States Court of International Trade by filing a summons using the court’s standard form, which listed the relevant entry numbers and their dates of entry and liquidation. Pollak then filed a complaint, including the entries listed in the summons and three other entries. After the parties reached a settlement and the court entered a stipulated judgment, customs moved to amend the judgment to delete the entries that were not listed in the summons form, arguing that Pollak’s failure to list those entries deprived the court of jurisdiction over them. The court granted customs’ motion, severing the three entries from the present lawsuit and designating them as part of a new action, and dismissing that action for lack of jurisdiction because the 180-day statutory time limit for challenging customs’ protest denial had passed. Pollak appealed.

Rule of Law

Issue

Holding and Reasoning (Friedman, J.)

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