grounds on which this case can be meaningfully distinguished from Canex
Canex protested Customs' decision regarding classification,
and Customs denied the protest, (138) Canex then challenged the denial
of Penalty or Liquidated Damages Incurred" against Canex for each
143) The Penalty Notice--a standard form--informed Canex of its
Thereafter, Customs sent Canex an administrative Notice of Action
and that Customs would assess liquidated damages if Canex did not submit
Canex moved for summary judgment, arguing that Customs'
71) Canex subsequently filed a cross-cross-motion for summary
Judge Restani disagreed with Canex and denied its motion, based on the permissive nature of CBP's mitigation proceedings, and the fact that under the proceedings, relief is granted at the discretion of Customs.
Based upon the facts recited in the CIT opinion, Canex apparently had not actually requested mitigation proceedings prior to CBP's suit for liquidated damages.
In addition, to improve operational efficiency, CANEX
expects to move its existing service from its current Montreal marine terminal to CP Ships' Montreal Gateway Terminals.