Honey Importer Says CBP Unlawfully Detained Shipments for Over 1 Year Without Explanation
CBP unlawfully detained 11 shipments of honey from importer Tri State Honey and held the entries for "nearly a year without explanation or justification," the importer argued in an April 29 complaint at the Court of International Trade. Seeking at least $4 million in damages along with attorney's fees, Tri State Honey said CBP violated its "due process rights" by failing to disclose the reasons for the detention of its honey and the evidence as to the honey's country of origin (Tri State Honey v. United States, CIT # 25-00080).
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Tri State Honey said its honey is sourced from Taiwan and submitted all the required documents to CBP for the release of its goods. The importer said CBP conducted a "supplier verification visit in Taiwan" to three of the company's suppliers and one factory that processed honey for Tri State Honey's suppliers. The complaint said CBP didn't notify the importer of the visit or "formally" explain the relevance of the visit to the detention or exclusion of the honey shipments.
The complaint suggests CBP's issue is with the declared origin of Taiwan for the honey shipments. Tri State Honey said the agency "failed to provide any evidence, including laboratory test results, supporting its claim that the honey was produced in China, not Taiwan." CBP also didn't let the importer "conduct its own laboratory testing to verify the country of production of the honey in CBP’s custody," the brief said.
Tri State Honey filed a protest and request for accelerated disposition, which the agency didn't reply to. The importer said the protest and bid for accelerated treatment is "deemed denied."
As a result, the importer filed a six-count complaint against CBP's actions, primarily arguing that the agency violated the company's due process rights. CBP didn't notify Tri State Honey of the "inspection, search, detention, seizure, hold and/or refusal to release Plaintiff's honey," violating the Fifth Amendment to the U.S. Constitution, the brief said.
In addition, the importer said CBP violated a host of customs laws by failing to provide the importer with the "required Notice of Detention," the testing the agency has done or the methodology it used on the honey entries. Tri State Honey said that as a result of CBP's actions, it "suffered economic damages, including the loss of the honey, demurrage charges, lost sales and profits, the cost of replacement shipments, and damages to Plaintiff’s business reputation, in excess of $4 million.
The importer is seeking damages under the Federal Tort Claims Act, and also is seeking attorney's fees under the Equal Access to Justice Act "because CBP’s actions were not substantially justified."