but the love is good morning attacks or security became a matter of concern for many governments important those concerns were even greater given the island's high dependency on transportation rights accordingly a service that has been considered valid with this court and and most recently by the supreme court of court but rico and i think that speaks volume because i mean we've been subject to many many attacks wealth of the few is valid there's no problem now what plants will be doing in that case is stepping on the shoes of the ocean carriers to challenge did not this gloss be or these functions in that case because none of the parties raised that issue but but i think it is made clear in footnote nine that it was standing ready to it enhances the treasury department's ability to collect taxes before it before the program was implemented treasury merely scanned or inspected thirty seven thousand dollars containers after after the year significant control over here and that a factor weighs heavily in favor of immunity so our position in this case is that when you consider all the factors together they have a leeway in favor of going to address the sovereign immunity issue unconstitutional and joined any further charges for a cargo that either in or through a terminal that had a scanner book was not scanned or entered through a terminal that did not yet have a scanner that except all the line of cases that say as long as the fee is fairly traceable the fee that we paid our injury is fairly traceable to the conduct of the defendant and it's and it is we can enforce it because they knowingly participated in collecting fees on cargo that was never scanned maybe idlers this up here maybe you could help the the feed that you pay you pass on to the carriers correct those are the ocean carriers or the terminals like we are we are the importers we are their customers you know the fee that you say you pay you pass on to the carriers and make correct met with the defense the fence was that you do not have injury in fact because you pass the cost on to the shippers the importers and so they didn't have standing to bring a claim that was an argument presented to them to the extent that they are ocean carriers who didn't pass it on to us we didn't pay it it's not part of the damage but those or the issues of case management issues of damages issues that we would like an opportunity to present to the  decide this no double recover to anybody your honour's we're just asking to get paid back for what we paid because pay anything you never pay you never pay them or over any right we know so we pay the ocean carriers in the ocean carriers by contractual agreement ports authority collected the money and then shared that money with rapids and they retaining some of the money for themselves to address church thompson's question earlier in that case ninety seven percent of the fees collected went to wrap the scan the remainder of it was shared among the treasury department and to pay for which authorities personnel how can you charge tens of millions of dollars and claim that it's not excessive when you're supposed to be designed to defray cost what do you do frank cost of if there's no skin station there if there's no personnel there is no scan transaction being created by why do they need to maintain quitman or or repair equipment is just the cases on rd party cases that are cited in our brief your honor basically as long as it is traceable luan says that all the article three cases say that that as long as the injury complained of is fairly traceable to the conduct of the defendants then you do have standing to assert that claim there is a causal connection it does not have to be a direct have to personally collect the fees it just has to be reasonably foreseeable in fact it was contractually foreseen that we would pay those fees is no other customer for the ocean carriers but for the shippers and importers that we represent dantzler and out those ocean carries would not be able to exist this is like all the other cars the carriers head of the they passed it on to their customers who happened to be the shippers with this is a specific fee that they were having this case let me close by saying this i'm on it i have a few seconds i think you put in the final word here your honour's from us dantzler and how were the foreseen direct feed pay r s the cost bearers of millions of stated specifically that i'm looking for the quote where with me so regardless of whether the activit that is far fetched include and perhaps dangerous to hold that a single line like that would place on the porch of forty law enforcement powers to search  word dealing with treasury they were bringing treasury into the program because they said we don't have the legal powers that you have to conduct this operation right i don't know how there's a similar agreement with the police warehousing and others and this is just another of those services owned corporation it's owned by the federal government it's not separate and apart and was created not by state law but by congress se of the facilities the europeans charges of field for the use of the security facilities concerning the program not those facilities your honor are located outside of the terminal operations so thank you all rise