Importer Says Recent CIT Decision Relevant on DEA's Authority to Admit Entries

A recent Court of International Trade decision is relevant to settle whether the Drug Enforcement Administration is vested with the authority to make admissibility decisions on imports, importer Unichem Enterprises told the trade court on Nov. 1. Filing a notice of supplemental authority, Unichem said the decision, Inspired Ventures v. U.S., also will help resolve whether CBP "usurps the Court's authority when it seizes merchandise for forfeiture that is within the Court's jurisdiction" (UniChem Enterprises v. United States, CIT # 24-00033).

In Inspired Ventures, CIT said the Transportation Department doesn't have "vested authority" to determine whether to admit entries of goods based on whether they comply with federal safety standards (see 2410300016). The court said CBP had the relevant admissibility authority in a case where CBP held two entries of rubber tires from China. In addition, CIT found that the goods were excluded and not seized, preserving the court's jurisdiction over the dispute.

In UniChem's case, the DEA intercepted an entry of a dietary supplement on the suspicion that it contained a controlled substance. CBP then detained the entry, leading the U.S. to claim in court that CIT doesn't have jurisdiction over the spat, since it was the DEA that seized the item (see 2405100064).