Trade Court Reopens Importer's Customs Case Seeking Section 301 Exclusions After Dismissal for Failure to Prosecute

The Court of International Trade on May 6 granted importer van Gelder's motion to set aside the dismissal of its customs lawsuit, which occurred due to a calendaring mistake from the company's counsel. Judge M. Miler Baker reopened the case and reset the deadline to remove the case from the Customs Case Management Calendar to April 30, 2025 (van Gelder v. United States, CIT # 21-00160).

Van Gelder's case challenging the classification of its vinyl tile floor coverings, and in particular whether they qualify for a Section 301 China tariff exclusion, was dismissed for failure to prosecute earlier this month. The company moved to set aside the dismissal, claiming that its counsel's neglect was excusable (see 2405060033).

In addition, the company said good cause exists for the case to remain on the customs case management calendar due to the preservation of judicial economy by letting the parties assess the outcome of the massive Section 301 litigation and determine whether it can resolve the present matter without further involvement from the court.