Importer Asks CIT for Relief From Order Dismissing Case for Lack of Prosecution

Importer Spector & Co. asked the Court of International Trade for relief from an order dismissing the case for lack of prosecution. The trade court dismissed the case, which is challenging CBP's classification of Spector's notebooks under Harmonized Tariff Schedule subheading 4820.10.20.60, since the suit was added to the customs case management calendar and not removed before the expiration of the "applicable period of time of removal" (see 2505050001) (Spector & Co. v. U.S., CIT # 23-00087).

Counsel for Spector said he confused the instant case with two other related cases and thus missed the deadline to extend the case's time on the customs case management calendar. The importer then said all factors ordinarily considered when setting aside an order due to "excusable neglect" are met here, since there's "no danger of prejudice to the Government."