CIT Denies Broker's Bids for TRO, PI in Suit Against Temporary Type 86 Suspension
The Court of International Trade in a confidential July 15 order denied customs broker Seko Customs Brokerage's application for a temporary restraining order and preliminary injunction against CBP's temporary suspension of the company from the Entry Type 86 pilot and the Customs-Trade Partnership Against Terrorism program. Judge Claire Kelly said she intends to issue a public version of the opinion "on or shortly after" July 23, giving the litigants until July 22 to review the confidential information in the decision (Seko Customs Brokerage v. U.S., CIT # 24-00097).
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Seko was among several brokers CBP suspended in May from the Type 86 pilot program. The agency requested documentation from Seko in July 2023 for 10 Type 86 entries, finding "significant" noncompliant filings, though no specifics were given at the time of the suspension (see 2406030044).
The broker filed suit, seeking a TRO and PI, which the U.S. contested on the grounds that Seko already received the relief it seeks when it was conditionally reinstated to the program (see 2407010060). In response, the broker argued that CBP is trying to make the company liable for third-party violations of the pilot program, saying it had not committed any of the violations identified by the agency (see 2407110053).