Urbano v. U.S., No. 97-1500

• Court: United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
• Writing for the Court: Before RICH, RADER, and BRYSON; BRYSON
• Citation: 146 F.3d 1346
• Parties: John V. URBANO, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.
• Docket Number: No. 97-1500
• Decision Date: 10 June 1998

Page 1346

146 F.3d 1346 John V. URBANO, Plaintiff-Appellant,
v.
UNITED STATES, Defendant-Appellee. No. 97-1500. United States Court of Appeals,
Federal Circuit. June 10, 1998.

John N. Politis, Politis & Politis, of Los Angeles, CA, argued for plaintiff-appellant.

Mikki Graves Walser, Trial Attorney, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, New York City, argued for defendant-appellee. With her on the

Page 1347

brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Commercial Litigation Branch, Civil Division, Washington, DC. Also on the brief was Joseph I. Liebman, Attorney-in-Charge, International Field Office, New York City. Of counsel on the brief was Stephanie Dick, Deputy Associate Chief Counsel, Office of Associate Chief Counsel, United States Customs Service, Long Beach, CA.

Before RICH, RADER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

The statute of limitations governing the revocation of a customs broker's license requires the government to commence revocation proceedings within five years of the date of the alleged violation on which the proposed revocation is based. See 19 U.S.C. § 1641(d)(4) (1994). In 1994, the Customs Service administratively revoked the brokerage license of appellant John V. Urbano. Mr. Urbano contends that the revocation proceedings were initiated more than five years after the violations on which the proceedings were based and that the statute of limitations therefore bars the revocation of his license.

On March 9, 1993, the Customs Service served notice on Mr. Urbano, directing him to show cause why his license should not be revoked. The notice initiated what the Customs Service refers to as "preliminary proceedings" that can lead to a possible license revocation. See 19 C.F.R. § 111.59 (1993). Subsequently, on July 5, 1994, the Customs Service initiated what it refers to as "formal proceedings" for license revocation by serving Mr. Urbano with a "Notice to Show Cause and Statement of Charges." See id. The alleged violations, the last of which took place in February 1989, occurred less than five years before service of the March 1993 notice to show cause, but more than five years before service of the notice of formal proceedings in July 1994.

Mr. Urbano contends that the initiation of "preliminary proceedings" in March 1993 did not constitute the commencement of proceedings referred to in the limitations statute and that the limitations period therefore expired before he was served with the July 1994 notice of formal proceedings and statement of charges. The Court of International Trade disagreed, holding that the service of the notice to show cause in March 1993 was sufficient to satisfy the statute of limitations for revocation proceedings. Urbano v. United States, 967 F.Supp. 1322 (CIT 1997).

We agree with the Court of International...