CIT Denies Motion to Dismiss Weight Loss Supplement Case, Rules CBP Makes Detention Decisions
The Court of International Trade on Tuesday denied a U.S. motion to dismiss a case brought by importer UniChem, finding the court has jurisdiction over all litigation resulting from denied protests of detentions of imports upon entry. UniChem claimed that…
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CBP seized its entry of weight loss supplements and wrongfully held it for over a year -- long past the maximum 30-day seizure authorized by statute. The U.S. unsuccessfully sought to dismiss the claim, arguing the trade court lacks jurisdiction because the Drug Enforcement Agency, not CBP, made the detention decision. CIT Judge Timothy Reif held that CBP makes all detention decisions under U.S. trade law (UniChem Enterprises v. U.S., CIT # 24-00033).