US to Appeal CIT Decision Denying CBP Right to Collect Unpaid Duties From Identity Theft Victim

The U.S. will appeal a March Court of International Trade case that found CBP can't pursue unpaid duties from identity theft victims due to the statute of limitations. Per the May 25 notice of appeal, DOJ is taking the case to the U.S. Court of Appeals for the Federal Circuit. The trade court opinion tossed a case brought by the U.S. seeking to collect over $5.7 million in unpaid duties from Katana Racing on 386 entries of passenger and light truck tires from China that Katana said were the result of identity theft (see 2203280047). The judge said Katana was allowed to revoke an earlier statute of limitations waiver and that without the waiver, any action by CBP is barred by the passage of time (United States v. Katana Racing d/b/a Wheel & Tire Distributors, CIT #19-00125).