Group Italglass U.S.A., Inc. v. United States

Opinion and Order

Introduction

Newman, Senior Judge:

These proceedings on defendant’s motion to dismiss for lack of jurisdiction and plaintiffs opposition raise significant issues relating to the court’s jurisdiction over actions challenging the denial of protests pursuant to 28 U.S.C. § 1581(a), and to the underlying administrative procedures for protesting decisions of the Customs Service (“Customs”). The issues presented are:

1. May a protest under 19 U.S.C. § 1514 be “filed” with Customs after regular business hours, when no personnel are present at the time, by a telephonic facsimile…