LEE v. U.S.

No. 02-1404.

329 F.3d 817 (2003)

Byung Wu LEE, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied June 5, 2003.

Attorney(s) appearing for the Case

Peter S. Herrick, of Miami, FL, argued for plaintiff-appellant.

Arthur J. Gribbin, Attorney, Commercial Litigation Branch, Civil Division, International Trade Field Office, Department of Justice, of New York, NY, argued for defendant-appellee. With him on the brief were David M. Cohen, Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC; and John J. Mahon, Acting Attorney in Charge, International Trade Field Office, of New York, NY. Of counsel on the brief was Joanne Halley, Attorney, Office of Associate Chief Counsel, United States Customs Service, of Long Beach, CA.

Harvey A. Isaacs, Tompkins & Davidson, LLP, of New York, NY, for amicus curiae. Of counsel was Daniel F. Shapiro.

Before MAYER, Chief Judge, MICHEL and CLEVENGER, Circuit Judges.

CLEVENGER, Circuit Judge.

Mr. Lee was a licensed customs broker who failed to timely pay two monetary penalties assessed by the United States Customs Service ("Customs"). Customs then revoked Mr. Lee's license under 19 U.S.C. § 1641(d)(1)(C) for violations of Customs regulations requiring the timely payment of debts. Mr. Lee appealed to the Court of International Trade, which denied his motion for judgment on the administrative record and affirmed the decision...

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