(A version of this story first appeared on Hemp Industry Daily.)
A Washington-based marijuana and hemp equipment manufacturer’s lawsuit against U.S. Customs and Border Protection for blocking its shipments was removed from the U.S. District Court file.
According to Law360, a federal judge on Friday denied Keirton USA’s application for a restraining order to prevent the Border Patrol from blocking its imports and supported the agency’s argument that the U.S. Court of International Trade (CIT) had the claims of the company.
“The CIT is only responsible for civil actions in which the denial of a protest is challenged,” wrote US District Judge Thomas Zilly in a ruling by Law360.
Keirton USA, a subsidiary of Surrey, British Columbia-based engineering firm Keirton, sued CBP last year for seizing multiple shipments and labeling them as drug paraphernalia.
Keirton USA, headquartered in Ferndale, Washington, imports products from China, Taiwan, Japan and Canada.
The company reached an agreement with the CBP after Keirton was denied an injunction.
But in January, Keirton USA claimed customs agents had again confiscated equipment needed to build a cannabis trimmer in Blaine, Washington.
The company sued again in a district court instead of filing an administrative complaint with the CBP.
The judge dismissed the company’s argument that it would go out of business without the imports, saying the CIT could issue the same injunction.