United States Federal Circuit

In a suit filed by the Ford Motor Company against the U.S. Customs and Border Protection (CBP) for declaratory judgment that CBP had failed to liquidate in the time required by law, the Court of International Trade's dismissal of the complaint is reversed, as the complaint's assertion of jurisdiction under 28 U.S.C. section 1581(i), the Tariff Act's grant of residual jurisdiction to the Court of International Trade over matters concerning enforcement and administration of duty assessment, was a valid invocation of the court's residual jurisdiction because the importer could not have asserted jurisdiction under any of the other enumerated provisions of section 1581. Further, post-complaint efforts by the CBP to clear the importer's accounts did not undo such jurisdiction. And, the court's discretionary dismissal of the importer's remaining claims in concluding that the order was too interlinked with the jurisdiction justiciability errors to survive appeal is vacated.

Appellate Information

• Decided 08/10/2012
• Published 08/10/2012

Judges

• Reyna

Court

• United States Federal Circuit

Counsel