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March 2001
United States v. Action Products International Decision
In its recent decision of United States v. Action Products International, Slip Op. 01-21, the United States Court of International Trade held that a consignee of merchandise may be held liable under the penalty statute, even where they are not the importer of record. In this case, the customhouse broker was the importer of record, but was not included by the Department of Justice in this penalty action. The Court of International Trade also decided that a person could not be held liable for either negligent or grossly negligent aiding and abetting a violation of the penalty statute. This is true because aiding and abetting requires actual knowledge or intent, while neither negligence, nor gross negligence are grounded on actual knowledge.
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