Whatcom company’s lawsuit alleges CBP wrongfully seized marijuana trimming equipment
A Whatcom County company that manufactures agricultural equipment to process marijuana and hemp, filed a lawsuit Tuesday alleging U.S. Customs and Border Protection wrongfully seized and blocked imports of components it needs from entering the country.
Keirton Inc., which has a U.S. manufacturing base in Ferndale employing approximately 50 people and another facility in Surrey, B.C., filed the lawsuit Feb. 23 in U.S. District Court in Seattle asking the court order the return of its components and require Customs and Border Protection to allow all future shipments, according to court documents obtained by Hemp Industry Daily.
Keirton, which has been operating since 2008, builds agricultural equipment used to process hemp, kale, hops and other farm goods, according to court documents, and it manufactures and imports parts and finished equipment from British Columbia, as well as China, Taiwan and Japan to its facility in Ferndale.
One of Keirton’s products is a Twister Trimmer, which is used to separate branches from leaves and crop heads and vacuum up the waste the process generates.
“Keirton has taken appropriate steps to ensure that its merchandise is used only for lawful purposes,” the lawsuit states. “Keirton has agreements with its customers that they will not sell Keirton’s merchandise to anyone who may seem to be engaged in or intends to engage in illegal activity.”
Despite that, the lawsuit alleges that in 2012 Customs and Border Protection unlawfully seized a shipment of a Twister Trimmer being imported by Keirton, because the agency said it constituted “drug paraphernalia.” Customs and Border Protection ultimately released the vacuum component but kept and later auctioned the trimming component, according to the lawsuit — “thereby confirming by Customs and Border Protection’s own conduct that the merchandise was not ‘drug paraphernalia’.”
Customs and Border Protection also promised Keirton it won not seize any similar merchandise in the future, the lawsuit alleges, and between 2012 and 2019, no more problems were seen.
But last year, the lawsuit says, Customs and Border Protection broke its promise and again seized 14 Keirton shipments of items related to the Twister Trimmer between Oct. 7 and Dec. 16. The agency estimated the seized items to be worth more than $1 million, but said they would be used for “unlawful purposes.”
Keirton initiated litigation against Customs and Border Protection, and on Dec. 31 the two sides agreed that the agancy would return the items to Keirton for $18,000, with neither side admitting fault or liability.
But weeks later in January, Customs and Border Protection again blocked merchandise Keirton was attempting to import through Blaine, the lawsuit alleges, adding that the blocked items were identical to the components previously allowed.
“However this time, (Customs and Border Protection) took a different and far more tricky/gaming approach,” the lawsuit says. “(Customs and Border Protection) didn’t ‘seize’ the components. Instead, (Customs and Border Protection) denied entry to the components and informed Keirton in writing that (Customs and Border Protection) was ‘unable to make an admissibility determination’.”
Without the shipments, Keirton says it cannot manufacture its harvesting equipment and it will have to consider laying off its employees and closing the business permanently.
Keirton’s lawsuit seeks the return of all components that Customs and Border Protection has seized or detained and that the court order all future shipments be allowed by the agency, as well as legal fees and costs and “such other and further relief as this court deems just and equitable.”
“As a matter of policy, U.S. Customs and Border Protection does not comment on pending litigation,” spokesperson Jason Given told The Bellingham Herald in an email. “However, lack of comment should not be construed as agreement or stipulation with any of the allegations.”
This story was originally published February 27, 2021 at 5:00 AM.
