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NAT. CUSTOMS BROKERS & FORWARDERS ASS'N v. U.S.

No. 94-1476.

59 F.3d 1219 (1995)

NATIONAL CUSTOMS BROKERS AND FORWARDERS ASSOCIATION OF AMERICA, INC., Plaintiff-Appellant, v. The UNITED STATES, Lloyd Bentson, Secretary of the Treasury, John P. Simpson, Deputy Assistant Secretary of the Treasury for Regulatory, Tariff and Trade Enforcement, and George J. Wiese, Commissioner of Customs, Defendants-Appellees, and Air Courier Conference of America, UPS Worldwide Forwarding, Inc. UPS Customhouse Brokerage, Inc., International Bonded Couriers, Inc., TNT Skypak International Express, Inc., and Federal Express Corporation, Defendants-Appellees, and DHL Airways, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined September 12, 1995.

Attorney(s) appearing for the Case

Laurence M. Friedman, Tomkins & Davidson, New York City, argued for plaintiff-appellant. With him on the brief were Harvey A. Isaacs and Brian S. Goldstein.

Rhonda K. Schnare, Atty., Commercial Litigation Branch, Dept. of Justice, Washington, DC, argued for defendants-appellees, the U.S. With her on the brief were Frank W. Hunger, Asst. Atty. Gen. and David M. Cohen, Director. Of counsel was Richard McManus, U.S. Customs Service.

Evelyn M. Suarez, Ross & Hardies, Washington, DC, argued for defendants-appellees. With her on the brief was Myles J. Ambrose. Also on the brief was Eric L. Hirschhorn, Winston & Strawn, Washington, DC.

Before NEWMAN, SKELTON, Senior Circuit Judge, and RADER, Circuit Judge.

Rehearing Denied; Suggestion for Rehearing In Banc Declined September 12, 1995.

RADER, Circuit Judge.

In 1994, the United States Customs Service (Customs) issued interim regulations allowing a consignee to enter merchandise valued at $200 or less into the United States without using a licensed customs broker. Express Consignments; Formal and Informal Entries of Merchandise; Administrative Exemptions, 59 Fed.Reg. 30,289 (Dep't Comm. June 13, 1994) (...

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