US Asks CIT to Toss Renewed Challenge of Customs Broker License Exam

The U.S. on July 22 moved the Court of International Trade to dismiss Byungmin Chae's challenge to CBP's rejection of his appeal of a question on the April 2018 customs broker license exam. The Nebraska resident, who ultimately fell one question shy of a passing score, previously challenged his results on the exam, including to the U.S. Supreme Court, which denied rehearing (see 2401230031) (Byungmin Chae v. U.S., CIT # 24-00086).

The government argued that Chae can't bring a lawsuit "involving the same claims or cause of action," because both the trade court and the U.S. Court of Appeals for the Federal Circuit have issued final decisions on the matter. The Federal Circuit granted Chae credit for one of the three questions he challenged on the test (see 2304250044). Chae filed another suit in May regarding one of the two denied challenges, Question 27 (see 2405080063).

The U.S. said, per the doctrines of claim preclusion and stare decisis, the renewed case should be dismissed. "Because this Court cannot deviate from the Federal Circuit’s decision, plaintiff cannot maintain a viable claim," the brief said.