CAFC Gives US 60 More Days to File Opening Brief in Customs Bond Penalty Case

The U.S. Court of Appeals for the Federal Circuit in a Dec. 18 text-only order granted the government's request for 60 more days to file their opening brief in a case on whether the statute of limitations had passed on an action seeking to collect on a customs bond from surety firm American Home Assurance Co. (United States v. American Home Assurance Co., Fed. Cir. # 24-1069).

The U.S. said it hasn't "obtained authority from the Solicitor General to perfect the appeal of this case through the filing of our briefs." The extension is needed to "permit us to complete the recommendation to the Solicitor General so that she may reach a decision, to modify any filings to brief, if approval is obtained."

The Court of International Trade said the government's decade of inaction before attempting to collect almost $400,000 in unpaid duties from AHAC meant it was barred from alleging AHAC was in breach of the eight single transaction bonds. The six-year statute of limitations for CBP to collect on customs bonds starts from the date of the underlying entry's liquidation and not from the date that CBP demanded payment, the court added (see 2308220054).