Perfectus Files Claim to Recover Losses Related to Aluminum Seizure
Jan 17, 2017MarketComments Off on Perfectus Files Claim to Recover Losses Related to Aluminum Seizure
ONTARIO, Calif., Jan. 16, 2017 (GLOBE NEWSWIRE) — Perfectus Aluminum Inc. filed today a claim against the U.S. government seeking monetary damages. In its claim, Perfectus seeks reimbursement for millions of dollars in storage costs that it incurred as a result of the government’s wrongful conduct in detaining its export shipment of aluminum pallets at the Long Beach Port in California. In accordance with applicable government regulations, this claim is being made in the first instance in an administrative proceeding before the U.S. Customs Border Protection agency (the CBP), which is a prerequisite to suing for damages in federal court.
This filing follows the December 27, 2016 lawsuit commenced by Perfectus Aluminum seeking the release of the detained property. These actions were filed after the government preliminarily detained the shipment for an extensive period without formal action, which exceeded the allowable 30-day limit for such detention. Despite repeated offers by Perfectus Aluminum to cooperate to resolve any issues, the government failed to provide any information about the basis for the detention or the expected time frame for release or further agency action. Both actions, which are now a matter of public record and which speak for themselves, are based on violations of due process, including the government’s failure to provide the required notice for the detention and to comply with its own regulations.
To date, Perfectus Aluminum has yet to receive any statutorily required notice concerning any formal seizure or other agency action.
Please address any questions to Harris, Baio & McCullough at 215-440-9800.