Law Offices of Michael R. Doram
| Can
an importer contest an adverse administrative determination by
U.S. Customs in court?
Yes. After all administrative remedies have been exhausted, an importer can appeal an adverse determination to the U.S. Court of International Trade ("CIT") in New York. The CIT has jurisdiction over almost all import matters. If the CIT’s decision is adverse, the importer can appeal the decision to the U.S. Court of Appeals for the Federal Circuit. In recent years, a significant percentage of U.S. Customs Service decisions have been overturned by the courts. What is necessary to appeal a Customs determination to court? In most cases, an appeal must be made by filing a "summons" with the CIT within 180 days after the Customs administrative determination is final (a "protest" has been denied) and subsequently filing a "complaint" within the required time period. Filing fees and procedural requirements are governed by the CIT rules. |
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