CBP Wrongfully Excluded Part of Marijuana Processing Machine as 'Drug Paraphernalia,' Importer Says
CBP was wrong to exclude certain motor frame assemblies from entry to the U.S. as "drug paraphernalia" since the goods, which will be used to make a marijuana processing machine, are legal in the states of Washington and Nevada, importer Eteros Technologies USA said in a June 11 complaint in the Court of International Trade. Eteros claims that there is an exemption to the law that bans the import of drug paraphernalia when a person who is allowed by local, state or federal law to "manufacture, possess or distribute 'drug paraphernalia.'" CBP has consistently failed to recognize this exemption, Eteros said (Eteros Technologies USA, Inc. v. United States, CIT #21-00287).
Eteros' lawsuit is similar to several others that decry CBP's practice of either excluding or seizing goods labeled as "drug paraphernalia," when in fact they are legal in the state of import. One company facing a nearly identical situation to Eteros, Root Sciences, accused the Department of Justice of playing "judicial keep away" with these customs cases, as the agency fights over the proper jurisdiction of seizure and exclusion cases. Exclusion cases should be in CIT while seizure cases should be in district courts, DOJ argues (see 2105030053).
Eteros attached a CBP letter acknowledging that the customs agency excluded the subject merchandise in the case. The importer brought in certain motor frame assemblies used to create the Mobius M108S Trimmer, a marijuana processing unit, around April 10 at the Port of Blaine, Washington. CBP excluded the goods from entry, then requested certain information about the products from Eteros on April 16 and April 27.
In its responses, Eteros identified two end-products for the Mobius M108S after processing: "(i) cannabis flower which has had all leaf and stem material removed; and (ii) the “trim” consisting of leaf and stem material." The importer also noted that other agricultural products can be processed in the trimmer. Nevertheless, notice of exclusion was given to Eteros on May 10, which it unsuccessfully protested.
"CBP’s exclusion of the Subject Merchandise is unlawful and disregards the clear intent of Congress which seeks to recognize State laws governing merchandise meeting the federal definition of 'drug paraphernalia,'" Eteros said. The importer is looking for the court to allow entry of the merchandise and "further relief as this Court may deem just."