United States v. Optrex America, Inc.

MEMORANDUM OPINION AND ORDER

BARZILAY, Judge:

In this 19 U.S.C. § 1592 penalty action, Plaintiff, the United States Bureau of Customs and Border Protection (“Customs” or “government”), moved for leave to amend its complaint pursuant to USCIT Rule 15(a). Plaintiff seeks to add two additional claims against Defendant, Optrex America, Inc. (“Optrex”). Specifically, the government wants to charge Optrex with higher levels of culpability than initially claimed - gross negligence and fraud. In connection with these new claims, the government also seeks to add new entries. For the reasons outlined…