Importer Moves to Set Aside Dismissal of Customs Suit Due to Calendaring Mistake
Importer van Gelder on May 3 moved to set aside the Court of International Trade's dismissal of its case for failure to prosecute, arguing that its counsel "overlooked -- by virtue of a calendaring mistake" -- the new deadline for the case after it was extended on the customs case management calendar (van Gelder v. U.S., CIT # 21-00160).
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The company filed suit challenging the classification of its vinyl tiles floor covering, and in particular whether they qualify for an exclusion from Section 301 China tariffs. The suit was dismissed last week for lack of prosecution because the company previously received an extension of time to remain on the calendar but failed to file its complaint or to file for another extension (see 2405020077).
Moving to set aside the dismissal, the importer said good cause exists for the case to remain on the customs case management calendar due to the preservation of judicial economy "by allowing the parties to assess the outcome or potential outcome of the Section 301 Mass Litigation and determine whether it will be possible to resolve the issues in this matter without further involvement of the Court."
In addition, the company said the calendaring mistake amounts to "excusable neglect" because there's no prejudice to the U.S., the "length of delay here is minimal" and immaterial, the failure to file a timely motion to extend was "purely the result of a mistake and inadvertence," and the importer has "acted in good faith."