Intellectual Property News and Reports

Sakar International, Inc. (“Sakar”) brought suit against the United States (“the government”) in the United States Court of International Trade to challenge an administrative decision of the Bureau of Customs and Border Protection, United States Department of Homeland Security (“Customs”), assessing Sakar a civil fine of $67,775 for the importation by Sakar of merchandise that Customs determined was counterfeit. After concluding that it had jurisdiction over Sakar’s suit pursuant to 28 U.S.C. § 1581(i)(4) as it relates to 28 U.S.C. § 1581(i)(3), the Court of International Trade ruled that Customs’ assessment of the civil fine did not constitute final agency action for purposes of the Administrative Procedure Act (“APA”), 5 U.S.C. § 704 (2000). The court therefore held that Sakar had failed to state a claim upon which relief could be granted and granted the government’s motion to dismiss Sakar’s complaint pursuant to USCIT Rule 12(b)(5). Sakar Int’l, Inc. v. United States, 466 F. Supp. 2d 1333, 1351 (Ct. Int’l Trade 2006).

Because we conclude that section 1581(i)(4) as it relates to section 1581(i)(3) did not provide the Court of International Trade with jurisdiction over Sakar’s suit, and because we conclude that none of the other statutory provisions cited by Sakar supported jurisdiction, we vacate the decision of the Court of International Trade and remand the case to the court with the instruction that it dismiss Sakar’s complaint for lack of jurisdiction.

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