NEW YORK: It is rare that a case involving U.S. customs laws and regulations finds its way to the U.S. Supreme Court. Undeterred by long odds and what appeared to be “bad facts,” the president and sole shareholder of an importing company (the “Importer of Record” or “IOR”) filed a petition for a writ of certiorari earlier this year, seeking review of an en bancdecision of the U.S. Court of Appeals for the Federal Circuit (the “CAFC”) in a civil penalty case under 19 U.S.C. § 1592 of the Tariff Act of 1930, as amended.
On May 26, 2015, the U.S. Supreme Court denied the petition for certiorari filed by Harish Shadadpuri, the president and shareholder of Trek Leather, Inc.1 The denial of certiorari leaves intact the broad interpretation by the CAFC of the terms “person” and “introduce” in the customs penalty statute, raising the potential for individuals to be held liable for gross negligence and negligence penalties.
