Associate Justice Fiti Sunia has continued a hearing on an application by importers of vehicles from China for a writ of seizure ordering the government to return 47 vehicles that are in the custody of the Customs Division.
The vehicles, which arrived early this year, were not released by Customs because they did not meet motor vehicle safety standards, had invalid Vehicle Identification Numbers, and were missing normal certification labels required under US law.
A hearing on the writ of seizure was set for Tuesday.
Attorney for the plaintiffs, Togiola Tulafono, said in court that the government has filed a motion to dismiss, and he needed more time to prepare a response. Togiola had asked for a one-week continuance, however, Deputy Attorney General Roy Hall Jr. had a conflict in scheduling as he has a trial next week.
The court has now scheduled a hearing on the matter for January 29.
Plaintiffs in the case are Aileen Inc. doing business as Tuanaitau’s Car Rental, Taumafai Inc., Minrongda Inc., Moana Pacific Inc, AAA LLC and Loving Star Enterprises.
They are asking the court to quash and declare null and void the notices of seizure issued by the government. Citing ASCA Section 27.1042(a) they said the notice of seizure shall list the items seized, the law or laws violated, the violators options, and the Customs’ contact location and phone number. In addition, the notice should advise that the goods will be forfeited. In this case however neither notice forms used by defendants to seize the vehicles contains a list of the law or laws being violated or contact information.
The defendants also contend that all of the vehicles were imported with the knowledge and permission of the ASG and ASG did not at any time prior to the delivery of the vehicles to the territory notified any of the plaintiffs that their vehicles would not be permitted to land because of any legal prohibition. In addition, the law provides that only contraband, undeclared goods, merchandise and commodities or falsely declared goods, merchandise and commodities are subject to seizure and forfeiture. According to the plaintiffs, none of the seized vehicles are in that category therefore their seizure was wrongful and without legal authority.
Last month, Chief Justice Michael Kruse issued an order prohibiting ASG from disposing of or altering in any form the 47 vehicles until a hearing on the writ of seizure is held.
This put a hold on an ASG auction of the vehicles.
Named as defendants in the case are ASG, the Treasurer, American Samoa Customs and Excise Tax Division and John Does 1-10.
