CBP "Confesses" to Accuracy of Broker's Claim in CIT Case on Deactivation of Filer Code

The Court of International Trade has entered U.S. Customs and Border Protection’s “confession of judgment” in favor of Lizarraga Customs Broker, which was filed in response to Lizarraga’s pending motion for a preliminary injunction.

By his motion, Lizarraga had sought, among other things, an order enjoining CBP from “immediately and indefinitely” suspending or deactivating his broker entry filer code for misuse. Lizarraga had argued that suspension of his filer code was a de facto suspension or revocation of his license, and the National Customs Brokers and Forwarders Association of America, Inc. (NCBFAA) had in its amicus brief stated that the broker was entitled to statutory due process before any such CBP action occurred.

(According to an online law reference, a “confession of judgment” is (1) a confession to the accuracy of the plaintiff’s claim or (2) the withdrawal of a plea already entered.)

(See ITT's Online Archives or 05/06/10 and 05/18/10 news, 09050620 and 09051820 respectively, for earlier BP summaries on this case.)

See future issue of ITT for detailed summary of this CIT entry of judgment.