DOJ Argues Against Order to Show Cause for Expedited Litigation Track in Deemed Exclusion Challenge

CBP made an admissibility determination for an imported machine "designed for the recovery of cannabis crude extract from cannabis biomass," thus barring an order from the Court of International Trade to show cause against an expedited litigation track, the Department of Justice said in a June 3 reply brief. In a case brought by Root Sciences, the court was asked to consider whether CBP's decision to stop the import of the "hopper feed vessel" is a deemed exclusion or seizure. DOJ says it's the latter, thereby removing jurisdiction from CIT and moving it to the district court in which the seizure took place. Root Sciences said it was deemed excluded, giving CIT jurisdiction and reason to order DOJ to show cause why the deemed exclusion can't be lifted and an expedited litigation track can't be adopted (Root Sciences, LLC v. United States, CIT #21-00123).

"Plaintiff’s application for an order to show cause as to why an admissibility decision has not been reached must be denied, because an admissibility decision has been reached -- U.S. Customs and Border Protection (CBP) determined that the merchandise is inadmissible as prohibited drug paraphernalia," DOJ said in response. Since this admissibility determination was made, the defense said, Root Sciences' argument declaring that the product was deemed excluded is wrong. However, if Root Sciences does succeed in getting the court to issue an order to show cause, DOJ assured, it will "make every effort to work with plaintiff's counsel to agree to an expedited schedule."