Orleans International, Inc. v. United States

334 F.3d 1375, 25 I.T.R.D. (BNA) 1385, 2003 U.S. App. LEXIS 13952, 2003 WL 21555750
CourtCourt of Appeals for the Federal Circuit
DecidedJuly 11, 2003
Docket03-1002
StatusPublished
Cited by19 cases

This text of 334 F.3d 1375 (Orleans International, Inc. v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Orleans International, Inc. v. United States, 334 F.3d 1375, 25 I.T.R.D. (BNA) 1385, 2003 U.S. App. LEXIS 13952, 2003 WL 21555750 (Fed. Cir. 2003).

Opinions

Opinion for the court filed by Circuit Judge MICHEL. Dissenting opinion filed by Chief Judge MAYER.

MICHEL, Circuit Judge.

Plaintiff-appellant Orleans International, Inc. (“Orleans”) appeals the order of the United States Court of International Trade dismissing for lack of subject matter jurisdiction Orleans’ challenge of the constitutionality of import assessments mandated by the Beef Promotion and Research Act of 1985 (“Beef Act”), 7 U.S.C. §§ 2901-2911 (2000). Orleans Int’l, Inc. v. United States, 206 F.Supp.2d 1318 (Ct.Int’l Trade 2002). Because we hold that the Court of International Trade erred in holding that it did not have exclusive jurisdiction over this action pursuant to 28 U.S.C. § 1581(f)(2), we reverse and remand.

BACKGROUND

The Beef Act aims to “carry[ ] out a coordinated program of promotion and research designed to strengthen the beef industry’s position in the marketplace and to maintain and expand domestic and foreign markets and uses for beef and beef products.” 7 U.S.C. § 2901(b). In furtherance of that goal, the Beef Act (and the regulations promulgated thereunder) mandates the collection of assessments on both domestic sales of cattle and imports of cattle, beef, and beef products. Domestic purchasers “making payment to a producer for cattle purchased from the producer [are required to] ... collect an assessment and remit the assessment to the Board.” Id. § 2904(8)(A). Importers “of cattle, beef, and beef products into the United States [are required to] pay an assessment to the Board through the U.S. Customs Service.” 7 C.F.R. § 1260.172(b)(1).

Orleans commenced this suit in the United States Court of International Trade seeking a refund of assessments it had paid on importations of beef because, it argued, the Beef Act’s assessments on its importation of beef and related products into the United States are unconstitutional. Orleans claims that the beef assessments violate its First Amendment rights to free speech and assembly, citing United States v. United Foods, 533 U.S. 405, 121 S.Ct. 2334, 150 L.Ed.2d 438 (2001). Orleans timely filed this action in the Court of International Trade and pled jurisdiction under 28 U.S.C. § 1581(i). The government subsequently moved to dismiss this action for lack of jurisdiction.

The Court of International Trade granted the government’s motion to dismiss, holding that it did not have jurisdiction over the case because such jurisdiction would not be exclusive. Orleans Int’l, 206 F.Supp.2d at 1322-23. The court so held for two reasons:

First, 7 U.S.C. § 2908(b) specifically vests the district courts with jurisdiction ‘to enforce, and to prevent and restrain a person from violating, an order or regulation made or issued’ under the Beef Act.... [Jurisdiction to enforce a law necessarily presumes the court’s power to determine the law’s constitutionality. ... Furthermore, the constitutionality of the Beef Act has already been considered by two district courts and is currently under review by two additional district courts. Two separate Courts of Appeals’ affirmances and the Supreme Court’s denial of certiorari belie the notion that the district courts are an improper forum for these actions.

Id. (citations omitted).

On appeal, Orleans challenges the court’s dismissal of its case, arguing that the court had subject matter jurisdiction [1378]*1378under 28 U.S.C. § 1581(i)(l), (2), and (4).1 The government both supports the trial court’s holding that jurisdiction would not be exclusive and argues that Orleans’ action was otherwise outside the terms of 28 U.S.C. § 1581(i). We granted Orleans’ petition for a permissive appeal and have jurisdiction pursuant to 28 U.S.C. § 1292(d)(1). We review the Court of International Trade’s dismissal de novo. JCM, Ltd. v. United States, 210 F.3d 1357, 1359 (Fed.Cir.2000).

DISCUSSION

The Court of International Trade reached its holding that its jurisdiction over Orleans’ action would not be exclusive by looking to the exercise of jurisdiction by district courts in other cases arising out of the Beef Act. Orleans Int’l, 206 F.Supp.2d at 1322. Orleans argues the court’s approach was erroneous. We agree.

“[I]t is faulty analysis to look first to the jurisdiction of the district courts to determine whether the [Court of International Trade] has jurisdiction.... The focus must be solely on whether the claim falls within the language and intent of the jurisdiction grant to the [Court of International Trade].” Vivitar Corp. v. United States, 761 F.2d 1552, 1559-60 (Fed.Cir.1985); see also K mart Corp. v. Cartier, Inc., 485 U.S. 176, 182-83, 108 S.Ct. 950, 99 L.Ed.2d 151 (1988) (“The District Court would be divested of jurisdiction, however, if this action fell within one of several specific grants of jurisdiction to the Court of International Trade.”). The correct approach, then, is to focus on whether the “civil action” at issue falls within the language of 28 U.S.C. § 1581®. If the action does fall within that language, the Court of International Trade has exclusive jurisdiction. That is the jurisdictional scheme established by Congress. Section 1581® removes specific actions from the general federal-question jurisdiction of the district courts (under 28 U.S.C. § 1331) and places them in the jurisdiction of the Court of International Trade. Ergo, the district courts only have jurisdiction over an action if it does not fall within the specific grants in 28 U.S.C. § 1581(i). This makes sense, as to do otherwise “would negate the intent of Congress in granting exclusive jurisdiction over certain matters to the [Court of International Trade].” Vivitar, 761 F.2d at 1559 (emphasis in original).

The government argues that Orleans’ action does not fall within the terms of § 1581(i)(l), (2), or (4) because a holding that the Court of International Trade has jurisdiction in this case would be contrary to the intent of Congress in promulgating those sections.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Barnes v. United States
2025 CIT 65 (Court of International Trade, 2025)
International Custom Products, Inc. v. United States
931 F. Supp. 2d 1338 (Court of International Trade, 2013)
Furniture Brands Int'l, Inc. v. United States
2012 CIT 20 (Court of International Trade, 2012)
Furniture Brands International, Inc. v. United States
807 F. Supp. 2d 1301 (Court of International Trade, 2011)
Almond Bros. Lumber Co. v. United States
651 F.3d 1343 (Federal Circuit, 2011)
Totes-Isotoner Corp. v. United States
594 F.3d 1346 (Federal Circuit, 2010)
Totes-Isotoner Corp. v. United States
580 F. Supp. 2d 1371 (Court of International Trade, 2008)
Electrolux Holdings, Inc. v. United States
71 Fed. Cl. 748 (Federal Claims, 2006)
Cricket Hosiery, Inc. v. United States
429 F. Supp. 2d 1338 (Court of International Trade, 2006)
C.H. Robinson International v. United States
64 Fed. Cl. 651 (Federal Claims, 2005)
Canadian Reynolds Metals Co. v. United States
28 Ct. Int'l Trade 541 (Court of International Trade, 2004)
Aluminerie Becancour, Inc. v. United States
343 F. Supp. 2d 1208 (Court of International Trade, 2004)
George E. Warren Corporation v. United States
341 F.3d 1348 (Federal Circuit, 2003)
Orleans International, Inc. v. United States
334 F.3d 1375 (Federal Circuit, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
334 F.3d 1375, 25 I.T.R.D. (BNA) 1385, 2003 U.S. App. LEXIS 13952, 2003 WL 21555750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orleans-international-inc-v-united-states-cafc-2003.