FWS Limits Options for Importers to Fight Forfeitures
The Fish and Wildlife Service issued a public notice on Sept. 23 advising the trade community that it will no longer allow importers of seized merchandise to contest forfeiture both administratively through a petition for remission and in the courts through judicial forfeiture proceedings. Effective Oct. 7, the agency is amending the instructions on its Notice of Seizure and Proposed Forfeiture to remove language that suggested importers can pursue both remedies.
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FWS said it’s making the change in response to a recent court ruling. The instructions on the form currently say that importers of seized merchandise can file petitions for remission to have their cases decided administratively by FWS, and still file judicial claims if their petitions for remission are denied. Under the old interpretation, the petition for remission paused the deadline for filing a lawsuit. However, the 9th Circuit U.S. Court of Appeals ruled in 2011 that the administrative and court cases are two different proceedings, and if an importer chooses the administrative route by filing a petition for remission the importer waives its right to a court hearing, says FWS.
“Be aware that beginning on October 7, claimants who receive the [Notice of Seizure and Proposed Forfeiture] letter will be informed that the remedies of administrative petitions and judicial claims must be elected alternatively and not sequentially,” said FWS. “Claimants must choose whether to file a petition for remission or file a claim.”