Trade Court Judge Stays Release of Drug Paraphernalia Pending Possible Government Appeal

Court of International Trade Court Judge Gary S. Katzmann on Oct. 20 granted a motion to stay penalties for 30 days in a case concerning imported drug paraphernalia. Katzmann ruled against the government in a Sept. 21 opinion (see 2209210034).

The case involves motor frame assemblies imported by Eteros Technologies USA through the Port of Blaine, Washington, which were to be used to make marijuana harvesting units and deemed "drug paraphernalia" by CBP. CBP then excluded the goods from entry under the Controlled Substances Act. Eteros contested the exclusion, arguing that the goods should be permitted to be imported as allowable under state law.

Release of the seized merchandise as the court has ordered would deny any possibility of appeal, DOJ said in an Oct. 20 motion. "A thirty-day stay of the enforcement of judgment would effectively preserve the status quo while the government decides whether to ... appeal." Eteros's council said it would not object to the government's motion.

(Eteros Technologies USA v. United States, Slip Op. 22-111, CIT #21-00287, Judge Gary S. Katzmann. Attorneys: Richard F. O’Neill of Neville Peterson for plaintiff Eteros; Guy Eddon for defendant U.S. government)