CIT Rejects Importer's Bid to Amend Complaint in Customs Suit on Pop-Up Tend Pods

The Court of International Trade on April 15 denied importer Under the Weather's motion for leave to amend its complaint to add a claim regarding CBP's prior tariff treatment of its imported pop-up tent "pods." Judge Timothy Reif said the proposed amended complaint "was filed after undue delay and is futile." The importer received duty-free treatment for the pods from 2010-18, but that ultimately ended in 2020 following an HQ ruling from CBP. The trade court previously rejected a claim from Under the Weather that CBP had to allow for a notice-and-comment period with the HQ ruling, since the agency previously accorded the pods a given tariff treatment. Under the Weather then tried to amend its complaint to newly cite two alleged examinations of the pods by CBP. Reif rejected the motion, finding that the importer waited too long to raise the issue and that the issue would be futile, since it "would not survive a motion to dismiss for failure to state a claim."