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Slip Op. 0469 UNITED STATES COURT OF INTERNATIONAL TRADE BEFORE: RICHARD W. GOLDBERG, SENIOR JUDGEABEL VALDEZ, Plaintiff, v. Court No. 0300032UNITED STATES SECRETARY OF THE TREASURY, Defendant. Denial
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Cohen, Assistant Attorney General, Office of Legal Counsel, Washington, D.C., for Defendant. STATEMENT OF THE CASE A. FACTS 1. The United States Customs Service (USCIS) and certain United States Customs brokers engaged in this action allege that in 1998, Abel Valdez purchased a firearm from an ATF licensed firearms dealer to be shipped to Abel. Abel Valdez provided the dealer with his passport and the dealer's name and mailing address. On June 12, 1998, Abel Valdez paid the dealer a 7,000 payment in cash. He gave the dealer an “Identification Card,” containing the dealer's name and mailing address. The identification card was not a customs broker's identification card and did not identify the dealer as an employee of the United States Customs Service. However, Abel later was told by the dealer at which post office he would receive the firearm. Abel Valdez believed it to be at a post office in the Republic of the Marshall Islands. In any event, Abel Valdez knew the firearm was being shipped to him by the dealer after he paid the dealer 7,000. The sale contract for the firearm specified “FFL” and did not indicate that it was a tax-paid firearm. 2. On or about June 11, 1998, Abel Valdez traveled to the Republic of the Marshall Islands aboard a vessel owned and operated by the United States Coast Guards in accordance with USCIS's requirements for entry into the Marshall Islands. The USCIS Officer at the Port of Darwin took the US Customs Identification Card into evidence. The United States Coast Guard issued a receipt identifying Abel Valdez as the owner of the vessel. During the voyage Abel Valdez purchased three other firearms, including two rifles. Abel Valdez, who also owned a fishing boat that was chartered to fish offshore, purchased a small revolver during off-loaded loading and offloading. Abel Valdez purchased a .22 caliber revolver in 2000 for 1,000, and a .22 caliber rifle in 2006 for 800. Abel Valdez knew the firearms were taxed. Upon departure from Darwin, Abel Valdez brought the firearms to the Philippines. Abel Valdez returned to the Philippines on May 12, 2003. 3. According to the plaintiffs, on or about Aug. 28, 1998, Abel Valdez was at the Philippines airport aboard a small commercial aircraft. Abel Valdez informed the Philippines immigration officer that the firearm was on the aircraft.

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