NEW YORK — Winland International Inc., a Houston-based tire importer doing business as Super Tire, has filed a complaint against U.S. Customs and Border Protection (CBP) in the U.S. Court of International Trade (CIT).
In the Dec. 11 complaint, Winland contests CBP's Aug. 7 decision to exclude a shipment of truck and bus tires from entering the U.S. The complaint did not state how many tires were involved.
Winland sent a certified letter to CBP Nov. 9, protesting the exclusion and requesting accelerated review. When the agency did not respond after 30 days, the importer filed its complaint, according to the document.
CBP excluded the tires because it said they bore an incorrect Department of Transportation manufacturer code, but that claim in itself was incorrect, according to the complaint.
"Alternatively…plaintiff had no reason to know, despite exercising reasonable care, that the excluded truck and bus tires shipped to it allegedly did not comply with motor vehicle standards," it said.
CBP's action was arbitrary and capricious, and based on a clear error of judgment, according to the complaint. Winland asked the court to admit the tires into the U.S. and provide the company such additional relief as it deemed just.
According to its website, Super Tire sells all major types of tires, including passenger, commercial, trailer, light truck, off-road, agricultural and industrial. Its tire brands are A-Plus, Dakota, Royal Black, Free Passer, Lanvigator and Winda.