Unichem Enters., Inc. v. United States

Court No. 24-00033 Page 2 as to the entry’s admissibility within the time period provided by that statute.1 Pl.’s Compl. (“Compl.”) ¶¶ 11-20, ECF No. 5. Plaintiff requests that the court order Customs to admit and release the entry. Id. ¶ 20. Defendant responds that the instant admissibility determination is vested in the Drug Enforcement Agency (“DEA”) — not Customs. Def. Br. at 10. Defendant argues on this basis that Customs has not made a “protestable decision” under 19 U.S.C. § 1514(a)(4), and that, as a consequence, this court lacks subject matter jurisdiction under 28 U.S.C. § 1581(a).

Id…